House of Lords portcullis
House of Lords
Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill


Equality Bill
Schedule 8 — Work: reasonable adjustments
Part 2 — Interested disabled person

167

 

Qualifications bodies (see section 53)

15    (1)  

This paragraph applies where A is a qualifications body.

 

Relevant matter

Description of disabled person

 
 

Deciding on whom to confer a

A person who is, or has notified A that

 
 

relevant qualification.

the person may be, an applicant for the

 

5

  

conferment of the qualification.

 
 

Conferment by the body of a

An applicant for the conferment of the

 
 

relevant qualification.

qualification.

 
  


 
  

A person who holds the qualification.

 

10

      (2)  

A provision, criterion or practice does not include the application of a

competence standard.

Employment service-providers (see section 55)

16         

This paragraph applies where—

(a)   

A is an employment service-provider, and

15

(b)   

the employment service which A provides is vocational training

within the meaning given by section 56(6)(b).

 

Relevant matter

Description of disabled person

 
 

Deciding to whom to offer to

A person who is, or has notified A that

 
 

provide the service.

the person may be, an applicant for the

 

20

  

provision of the service.

 
 

Provision by A of the service.

A person who applies to A for the

 
  

provision of the service.

 
  


 
  

A person to whom A provides the

 

25

  

service.

 

Trade organisations (see section 57)

17         

This paragraph applies where A is a trade organisation.

 

Relevant matter

Description of disabled person

 
 

Deciding to whom to offer

A person who is, or has notified A

 

30

 

membership of the organisation.

that the person may be, an applicant

 
  

for membership.

 
 

Membership of the organisation.

An applicant for membership.

 
  


 
  

A member.

 

35

 
 

Equality Bill
Schedule 8 — Work: reasonable adjustments
Part 3 — Limitations on the duty

168

 

Local authorities (see section 58)

18    (1)  

This paragraph applies where A is a local authority.

 

Relevant matter

Description of disabled person

 
 

A member’s carrying-out of official

The member.

 
 

business.

  

5

      (2)  

Regulations may, for the purposes of a case within this paragraph, make

provision—

(a)   

as to circumstances in which a provision, criterion or practice is, or is

not, to be taken to put a disabled person at the disadvantage referred

to in the first requirement;

10

(b)   

as to circumstances in which a physical feature is, or is not, to be

taken to put a disabled person at the disadvantage referred to in the

second requirement;

(c)   

as to circumstances in which it is, or in which it is not, reasonable for

a local authority to be required to take steps of a prescribed

15

description;

(d)   

as to steps which it is always, or which it is never, reasonable for a

local authority to take.

Occupational pensions (see section 61)

19         

This paragraph applies where A is, in relation to an occupational pension

20

scheme, a responsible person within the meaning of section 61.

 

Relevant matter

Description of disabled person

 
 

Carrying out A’s functions in

A person who is or may be a member

 
 

relation to the scheme.

of the scheme.

 

Part 3

25

Limitations on the duty

Lack of knowledge of disability, etc.

20    (1)  

A is not subject to a duty to make reasonable adjustments if A does not

know, and could not reasonably be expected to know—

(a)   

in the case of an applicant or potential applicant, that an interested

30

disabled person is or may be an applicant for the work in question;

(b)   

in any other case referred to in this Part of this Schedule, that an

interested disabled person has a disability and is likely to be placed

at the disadvantage referred to in the first, second or third

requirement.

35

      (2)  

An applicant is, in relation to the description of A specified in the first

column of the table, a person of a description specified in the second column

(and the reference to a potential applicant is to be construed accordingly).

 
 

Equality Bill
Schedule 9 — Work: exceptions
Part 1 — Occupational requirements

169

 
 

Description of A

Applicant

 
 

An employer

An applicant for employment

 
 

A firm or proposed firm

A candidate for a position as a partner

 
 

An LLP or proposed LLP

A candidate for a position as a member

 
 

A barrister or barrister’s

An applicant for a pupillage or tenancy

 

5

 

clerk

  
 

An advocate or advocate’s

An applicant for being taken as an

 
 

clerk

advocate’s devil or for becoming a

 
  

member of a stable

 
 

A relevant person in

A person who is seeking appointment to,

 

10

 

relation to a personal or

or recommendation or approval for

 
 

public office

appointment to, the office

 
 

A qualifications body

An applicant for the conferment of a

 
  

relevant qualification

 
 

An employment service-

An applicant for the provision of an

 

15

 

provider

employment service

 
 

A trade organisation

An applicant for membership

 

      (3)  

If the duty to make reasonable adjustments is imposed on A by section 55,

this paragraph applies only in so far as the employment service which A

provides is vocational training within the meaning given by section 56(6)(a).

20

Schedule 9

Section 83

 

Work: exceptions

Part 1

Occupational requirements

General

25

1     (1)  

A person (A) does not contravene a provision mentioned in sub-paragraph

(2) by applying in relation to work a requirement to have a particular

protected characteristic, if A shows that, having regard to the nature or

context of the work—

(a)   

it is an occupational requirement,

30

(b)   

the application of the requirement is a proportionate means of

achieving a legitimate aim, and

(c)   

the person to whom A applies the requirement does not meet it (or

A has reasonable grounds for not being satisfied that the person

meets it).

35

      (2)  

The provisions are—

 
 

Equality Bill
Schedule 9 — Work: exceptions
Part 1 — Occupational requirements

170

 

(a)   

section 39(1)(a) or (c) or (2)(b) or (c);

(b)   

section 41(1)(b);

(c)   

section 44(1)(a) or (c) or (2)(b) or (c);

(d)   

section 45(1)(a) or (c) or (2)(b) or (c);

(e)   

section 49(3)(a) or (c) or (6)(b) or (c);

5

(f)   

section 50(3)(a) or (c) or (6)(b) or (c);

(g)   

section 51(1).

      (3)  

The references in sub-paragraph (1) to a requirement to have a protected

characteristic are to be read—

(a)   

in the case of gender reassignment, as references to a requirement not

10

to be a transsexual person (and section 7(3) is accordingly to be

ignored);

(b)   

in the case of marriage and civil partnership, as references to a

requirement not to be married or a civil partner (and section 8(2) is

accordingly to be ignored).

15

      (4)  

In the case of a requirement to be of a particular sex, sub-paragraph (1) has

effect as if in paragraph (c), the words from “(or” to the end were omitted.

Religious requirements relating to sex, marriage etc., sexual orientation

2     (1)  

A person (A) does not contravene a provision mentioned in sub-paragraph

(2) by applying in relation to employment a requirement to which sub-

20

paragraph (4) applies if A shows that—

(a)   

the employment is for the purposes of an organised religion,

(b)   

the application of the requirement engages the compliance or non-

conflict principle, and

(c)   

the person to whom A applies the requirement does not meet it (or

25

A has reasonable grounds for not being satisfied that the person

meets it).

      (2)  

The provisions are—

(a)   

section 39(1)(a) or (c) or (2)(b) or (c);

(b)   

section 49(3)(a) or (c) or (6)(b) or (c);

30

(c)   

section 50(3)(a) or (c) or (6)(b) or (c);

(d)   

section 51(1).

      (3)  

A person does not contravene section 53(1) or (2)(a) or (b) by applying in

relation to a relevant qualification (within the meaning of that section) a

requirement to which sub-paragraph (4) applies if the person shows that—

35

(a)   

the qualification is for the purposes of employment mentioned in

sub-paragraph (1)(a), and

(b)   

the application of the requirement engages the compliance or non-

conflict principle.

      (4)  

This sub-paragraph applies to—

40

(a)   

a requirement to be of a particular sex;

(b)   

a requirement not to be a transsexual person;

(c)   

a requirement not to be married or a civil partner;

(d)   

a requirement not to be married to, or the civil partner of, a person

who has a living former spouse or civil partner;

45

 
 

Equality Bill
Schedule 9 — Work: exceptions
Part 1 — Occupational requirements

171

 

(e)   

a requirement relating to circumstances in which a marriage or civil

partnership came to an end;

(f)   

a requirement related to sexual orientation.

      (5)  

The application of a requirement engages the compliance principle if the

requirement is applied so as to comply with the doctrines of the religion.

5

      (6)  

The application of a requirement engages the non-conflict principle if,

because of the nature or context of the employment, the requirement is

applied so as to avoid conflicting with the strongly held religious

convictions of a significant number of the religion’s followers.

      (7)  

A reference to employment includes a reference to an appointment to a

10

personal or public office.

      (8)  

In the case of a requirement within sub-paragraph (4)(a), sub-paragraph (1)

has effect as if in paragraph (c) the words from “(or” to the end were omitted.

Other requirements relating to religion or belief

3          

A person (A) with an ethos based on religion or belief does not contravene a

15

provision mentioned in paragraph 1(2) by applying in relation to work a

requirement to be of a particular religion or belief if A shows that, having

regard to that ethos and to the nature or context of the work—

(a)   

it is an occupational requirement,

(b)   

the application of the requirement is a proportionate means of

20

achieving a legitimate aim, and

(c)   

the person to whom A applies the requirement does not meet it (or

A has reasonable grounds for not being satisfied that the person

meets it).

Armed forces

25

4     (1)  

A person does not contravene section 39(1)(a) or (c) or (2)(b) by applying in

relation to service in the armed forces a relevant requirement if the person

shows that the application is a proportionate means of ensuring the combat

effectiveness of the armed forces.

      (2)  

A relevant requirement is—

30

(a)   

a requirement to be a man;

(b)   

a requirement not to be a transsexual person.

      (3)  

This Part of this Act, so far as relating to age or disability, does not apply to

service in the armed forces; and section 55, so far as relating to disability,

does not apply to work experience in the armed forces.

35

Employment services

5     (1)  

A person (A) does not contravene section 55(1) or (2) if A shows that A’s

treatment of another person relates only to work the offer of which could be

refused to that other person in reliance on paragraph 1, 2, 3 or 4.

      (2)  

A person (A) does not contravene section 55(1) or (2) if A shows that A’s

40

treatment of another person relates only to training for work of a description

mentioned in sub-paragraph (1).

      (3)  

A person (A) does not contravene section 55(1) or (2) if A shows that—

 
 

Equality Bill
Schedule 9 — Work: exceptions
Part 2 — Exceptions relating to age

172

 

(a)   

A acted in reliance on a statement made to A by a person with the

power to offer the work in question to the effect that, by virtue of sub-

paragraph (1) or (2), A’s action would be lawful, and

(b)   

it was reasonable for A to rely on the statement.

      (4)  

A person commits an offence by knowingly or recklessly making a

5

statement such as is mentioned in sub-paragraph (3)(a) which in a material

respect is false or misleading.

      (5)  

A person guilty of an offence under sub-paragraph (4) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

Interpretation

10

6     (1)  

This paragraph applies for the purposes of this Part of this Schedule.

      (2)  

A reference to contravening a provision of this Act is a reference to

contravening that provision by virtue of section 13.

      (3)  

A reference to work is a reference to employment, contract work, a position

as a partner or as a member of an LLP, or an appointment to a personal or

15

public office.

      (4)  

A reference to a person includes a reference to an organisation.

      (5)  

A reference to section 39(2)(b), 44(2)(b), 45(2)(b), 49(6)(b) or 50(6)(b) is to be

read as a reference to that provision with the omission of the words “or for

receiving any other benefit, facility or service”.

20

      (6)  

A reference to section 39(2)(c), 44(2)(c), 45(2)(c), 49(6)(c), 50(6)(c), 53(2)(a) or

55(2)(c) (dismissal, etc.) does not include a reference to that provision so far

as relating to sex.

      (7)  

The reference to paragraph (b) of section 41(1), so far as relating to sex, is to

be construed as if that paragraph read—

25

“(b)   

by not allowing the worker to do the work.”

Part 2

Exceptions relating to age

Preliminary

7          

For the purposes of this Part of this Schedule, a reference to an age

30

contravention is a reference to a contravention of this Part of this Act, so far

as relating to age.

Retirement

8     (1)  

It is not an age contravention to dismiss a relevant worker at or over the age

of 65 if the reason for the dismissal is retirement.

35

      (2)  

Each of the following is a relevant worker—

(a)   

an employee within the meaning of section 230(1) of the

Employment Rights Act 1996 (c. 18);

(b)   

a person in Crown employment;

(c)   

a relevant member of the House of Commons staff;

40

 
 

Equality Bill
Schedule 9 — Work: exceptions
Part 2 — Exceptions relating to age

173

 

(d)   

a relevant member of the House of Lords staff.

      (3)  

Retirement is a reason for dismissal only if it is a reason for dismissal by

virtue of Part 10 of the Employment Rights Act 1996 (c. 18).

Applicants at or approaching retirement age

9     (1)  

A person does not contravene section 39(1)(a) or (c), so far as relating to age,

5

in a case where the other person—

(a)   

has attained the age limit, or would have attained it before the end of

six months beginning with the date on which the application for the

employment had to be made, and

(b)   

would, if recruited for the employment, be a relevant worker within

10

the meaning of paragraph 8.

      (2)  

The age limit is whichever is the greater of—

(a)   

the age of 65, and

(b)   

the normal retirement age in the case of the employment concerned.

      (3)  

The reference to the normal retirement age is to be construed in accordance

15

with section 98ZH of the Employment Rights Act 1996.

Benefits based on length of service

10    (1)  

It is not an age contravention for a person (A) to put a person (B) at a

disadvantage when compared with another (C), in relation to the provision

of a benefit, facility or service in so far as the disadvantage is because B has

20

a shorter period of service than C.

      (2)  

If B’s period of service exceeds 5 years, A may rely on sub-paragraph (1)

only if A reasonably believes that doing so fulfils a business need.

      (3)  

A person’s period of service is whichever of the following A chooses—

(a)   

the period for which the person has been working for A at or above

25

a level (assessed by reference to the demands made on the person)

that A reasonably regards as appropriate for the purposes of this

paragraph, or

(b)   

the period for which the person has been working for A at any level.

      (4)  

The period for which a person has been working for A must be based on the

30

number of weeks during the whole or part of which the person has worked

for A.

      (5)  

But for that purpose A may, so far as is reasonable, discount—

(a)   

periods of absence;

(b)   

periods that A reasonably regards as related to periods of absence.

35

      (6)  

For the purposes of sub-paragraph (3)(b), a person is to be treated as having

worked for A during any period in which the person worked for a person

other than A if—

(a)   

that period counts as a period of employment with A as a result of

section 218 of the Employment Rights Act 1996, or

40

(b)   

if sub-paragraph (a) does not apply, that period is treated as a period

of employment by an enactment pursuant to which the person’s

employment was transferred to A.

 
 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2010
Revised 10 February 2010