Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
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purpose the reference to a barrister’s clerk includes a reference to a person who
carries out the functions of a barrister’s clerk.
(9)
A reference to a tenant includes a reference to a barrister who is permitted to
work in chambers (including as a squatter or door tenant); and a reference to a
tenancy is to be construed accordingly.
5
48
Advocates
(1)
An advocate (A) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding who to take as A’s devil or
to whom to offer membership of a stable;
(b)
as to the terms on which A offers to take B as A’s devil or offers B
10
membership of a stable;
(c)
by not offering to take B as A’s devil or not offering B membership of a
stable.
(2)
An advocate (A) must not discriminate against a person (B) who is a devil or a
member of a stable—
15
(a)
as to the terms on which B is a devil or a member of the stable;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for training or gaining experience or for receiving any
other benefit, facility or service;
(c)
by terminating A’s relationship with B (where B is a devil);
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(d)
by subjecting B to pressure to leave the stable;
(e)
by subjecting B to any other detriment.
(3)
An advocate must not, in relation to a relationship with a devil or membership
of a stable, harass—
(a)
a devil or member;
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(b)
a person who has applied to be taken as the advocate’s devil or to
become a member of the stable.
(4)
An advocate (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding who to take as A’s devil or
to whom to offer membership of a stable;
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(b)
as to the terms on which A offers to take B as A’s devil or offers B
membership of a stable;
(c)
by not offering to take B as A’s devil or not offering B membership of a
stable.
(5)
An advocate (A) must not victimise a person (B) who is a devil or a member of
35
a stable—
(a)
as to the terms on which B is a devil or a member of the stable;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for training or gaining experience or for receiving any
other benefit, facility or service;
40
(c)
by terminating A’s relationship with B (where B is a devil);
(d)
by subjecting B to pressure to leave the stable;
(e)
by subjecting B to any other detriment.
(6)
A person must not, in relation to instructing an advocate—
(a)
discriminate against the advocate by subjecting the advocate to a
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detriment;

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Chapter 1 — Employment, etc.
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(b)
harass the advocate;
(c)
victimise the advocate.
(7)
A duty to make reasonable adjustments applies to an advocate.
(8)
This section (apart from subsection (6)) applies in relation to an advocate’s
clerk as it applies in relation to an advocate; and for that purpose the reference
5
to an advocate’s clerk includes a reference to a person who carries out the
functions of an advocate’s clerk.
(9)
“Advocate” means a practising member of the Faculty of Advocates.
Office-holders
49
Personal offices: appointments, etc.
10
(1)
This section applies in relation to personal offices.
(2)
A personal office is an office or post—
(a)
to which a person is appointed to discharge a function personally
under the direction of another person, and
(b)
in respect of which an appointed person is entitled to remuneration.
15
(3)
A person (A) who has the power to make an appointment to a personal office
must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer the
appointment;
(b)
as to the terms on which A offers B the appointment;
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(c)
by not offering B the appointment.
(4)
A person who has the power to make an appointment to a personal office must
not, in relation to the office, harass a person seeking, or being considered for,
the appointment.
(5)
A person (A) who has the power to make an appointment to a personal office
25
must not victimise a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer the
appointment;
(b)
as to the terms on which A offers B the appointment;
(c)
by not offering B the appointment.
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(6)
A person (A) who is a relevant person in relation to a personal office must not
discriminate against a person (B) appointed to the office—
(a)
as to the terms of B’s appointment;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
35
other benefit, facility or service;
(c)
by terminating B’s appointment;
(d)
by subjecting B to any other detriment.
(7)
A relevant person in relation to a personal office must not, in relation to that
office, harass a person appointed to it.
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(8)
A person (A) who is a relevant person in relation to a personal office must not
victimise a person (B) appointed to the office—

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Chapter 1 — Employment, etc.
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(a)
as to the terms of B’s appointment;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c)
by terminating B’s appointment;
5
(d)
by subjecting B to any other detriment.
(9)
A duty to make reasonable adjustments applies to—
(a)
a person who has the power to make an appointment to a personal
office;
(b)
a relevant person in relation to a personal office.
10
(10)
For the purposes of subsection (2)(a), a person is to be regarded as discharging
functions personally under the direction of another person if that other person
is entitled to direct the person as to when and where to discharge the functions.
(11)
For the purposes of subsection (2)(b), a person is not to be regarded as entitled
to remuneration merely because the person is entitled to payments—
15
(a)
in respect of expenses incurred by the person in discharging the
functions of the office or post, or
(b)
by way of compensation for the loss of income or benefits the person
would or might have received had the person not been discharging the
functions of the office or post.
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(12)
Subsection (3)(b), so far as relating to sex or pregnancy and maternity, does not
apply to a term that relates to pay—
(a)
unless, were B to accept the offer, an equality clause or rule would have
effect in relation to the term, or
(b)
if paragraph (a) does not apply, except in so far as making an offer on
25
terms including that term amounts to a contravention of subsection
(3)(b) by virtue of section 13, 14 or 18.
50
Public offices: appointments, etc.
(1)
This section and section 51 apply in relation to public offices.
(2)
A public office is—
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(a)
an office or post, appointment to which is made by a member of the
executive;
(b)
an office or post, appointment to which is made on the
recommendation of, or subject to the approval of, a member of the
executive;
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(c)
an office or post, appointment to which is made on the
recommendation of, or subject to the approval of, the House of
Commons, the House of Lords, the National Assembly for Wales or the
Scottish Parliament.
(3)
A person (A) who has the power to make an appointment to a public office
40
within subsection (2)(a) or (b) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer the
appointment;
(b)
as to the terms on which A offers B the appointment;
(c)
by not offering B the appointment.
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Chapter 1 — Employment, etc.
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(4)
A person who has the power to make an appointment to a public office within
subsection (2)(a) or (b) must not, in relation to the office, harass a person
seeking, or being considered for, the appointment.
(5)
A person (A) who has the power to make an appointment to a public office
within subsection (2)(a) or (b) must not victimise a person (B)—
5
(a)
in the arrangements A makes for deciding to whom to offer the
appointment;
(b)
as to the terms on which A offers B the appointment;
(c)
by not offering B the appointment.
(6)
A person (A) who is a relevant person in relation to a public office within
10
subsection (2)(a) or (b) must not discriminate against a person (B) appointed to
the office—
(a)
as to B’s terms of appointment;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
15
other benefit, facility or service;
(c)
by terminating the appointment;
(d)
by subjecting B to any other detriment.
(7)
A person (A) who is a relevant person in relation to a public office within
subsection (2)(c) must not discriminate against a person (B) appointed to the
20
office—
(a)
as to B’s terms of appointment;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
25
(c)
by subjecting B to any other detriment (other than by terminating the
appointment).
(8)
A relevant person in relation to a public office must not, in relation to that
office, harass a person appointed to it.
(9)
A person (A) who is a relevant person in relation to a public office within
30
subsection (2)(a) or (b) must not victimise a person (B) appointed to the office—
(a)
as to B’s terms of appointment;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
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(c)
by terminating the appointment;
(d)
by subjecting B to any other detriment.
(10)
A person (A) who is a relevant person in relation to a public office within
subsection (2)(c) must not victimise a person (B) appointed to the office—
(a)
as to B’s terms of appointment;
40
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c)
by subjecting B to any other detriment (other than by terminating the
appointment).
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(11)
A duty to make reasonable adjustments applies to—
(a)
a relevant person in relation to a public office;

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Chapter 1 — Employment, etc.
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(b)
a person who has the power to make an appointment to a public office
within subsection (2)(a) or (b).
(12)
Subsection (3)(b), so far as relating to sex or pregnancy and maternity, does not
apply to a term that relates to pay—
(a)
unless, were B to accept the offer, an equality clause or rule would have
5
effect in relation to the term, or
(b)
if paragraph (a) does not apply, except in so far as making an offer on
terms including that term amounts to a contravention of subsection
(3)(b) by virtue of section 13, 14 or 18.
51
Public offices: recommendations for appointments, etc.
10
(1)
A person (A) who has the power to make a recommendation for or give
approval to an appointment to a public office within section 50(2)(a) or (b),
must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding who to recommend for
appointment or to whose appointment to give approval;
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(b)
by not recommending B for appointment to the office;
(c)
by making a negative recommendation of B for appointment to the
office;
(d)
by not giving approval to the appointment of B to the office.
(2)
A person who has the power to make a recommendation for or give approval
20
to an appointment to a public office within section 50(2)(a) or (b) must not, in
relation to the office, harass a person seeking or being considered for the
recommendation or approval.
(3)
A person (A) who has the power to make a recommendation for or give
approval to an appointment to a public office within section 50(2)(a) or (b),
25
must not victimise a person (B)—
(a)
in the arrangements A makes for deciding who to recommend for
appointment or to whose appointment to give approval;
(b)
by not recommending B for appointment to the office;
(c)
by making a negative recommendation of B for appointment to the
30
office;
(d)
by not giving approval to the appointment of B to the office.
(4)
A duty to make reasonable adjustments applies to a person who has the power
to make a recommendation for or give approval to an appointment to a public
office within section 50(2)(a) or (b).
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(5)
A reference in this section to a person who has the power to make a
recommendation for or give approval to an appointment to a public office
within section 50(2)(a) is a reference only to a relevant body which has that
power; and for that purpose “relevant body” means a body established—
(a)
by or in pursuance of an enactment, or
40
(b)
by a member of the executive.
52
Interpretation and exceptions
(1)
This section applies for the purposes of sections 49 to 51.
(2)
“Personal office” has the meaning given in section 49.

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(3)
“Public office” has the meaning given in section 50.
(4)
An office or post which is both a personal office and a public office is to be
treated as being a public office only.
(5)
Appointment to an office or post does not include election to it.
(6)
“Relevant person”, in relation to an office, means the person who, in relation to
5
a matter specified in the first column of the table, is specified in the second
column (but a reference to a relevant person does not in any case include the
House of Commons, the House of Lords, the National Assembly for Wales or
the Scottish Parliament).

Matter
Relevant person

10

A term of appointment
The person who has the power to set

the term.

Access to an opportunity
The person who has the power to

afford access to the opportunity (or, if

there is no such person, the person who

15

has the power to make the

appointment).

Terminating an appointment
The person who has the power to

terminate the appointment.

Subjecting an appointee to any
The person who has the power in

20

other detriment
relation to the matter to which the

conduct in question relates (or, if there

is no such person, the person who has

the power to make the appointment).

Harassing an appointee
The person who has the power in

25

relation to the matter to which the

conduct in question relates.

(7)
A reference to termination of a person’s appointment includes a reference to
termination—
(a)
by the expiry of a period (including a period expiring by reference to an
30
event or circumstance);
(b)
by an act of the person (including giving notice) in circumstances such
that the person is entitled, because of the relevant person’s conduct, to
terminate the appointment without notice.
(8)
Subsection (7)(a) does not apply if, immediately after the termination, the
35
appointment is renewed on the same terms.
(9)
Schedule 6 (excluded offices) has effect.
Qualifications
53
Qualifications bodies
(1)
A qualifications body (A) must not discriminate against a person (B)—
40

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Chapter 1 — Employment, etc.
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(a)
in the arrangements A makes for deciding upon whom to confer a
relevant qualification;
(b)
as to the terms on which it is prepared to confer a relevant qualification
on B;
(c)
by not conferring a relevant qualification on B.
5
(2)
A qualifications body (A) must not discriminate against a person (B) upon
whom A has conferred a relevant qualification—
(a)
by withdrawing the qualification from B;
(b)
by varying the terms on which B holds the qualification;
(c)
by subjecting B to any other detriment.
10
(3)
A qualifications body must not, in relation to conferment by it of a relevant
qualification, harass—
(a)
a person who holds the qualification, or
(b)
a person who applies for it.
(4)
A qualifications body (A) must not victimise a person (B)—
15
(a)
in the arrangements A makes for deciding upon whom to confer a
relevant qualification;
(b)
as to the terms on which it is prepared to confer a relevant qualification
on B;
(c)
by not conferring a relevant qualification on B.
20
(5)
A qualifications body (A) must not victimise a person (B) upon whom A has
conferred a relevant qualification—
(a)
by withdrawing the qualification from B;
(b)
by varying the terms on which B holds the qualification;
(c)
by subjecting B to any other detriment.
25
(6)
A duty to make reasonable adjustments applies to a qualifications body.
(7)
The application by a qualifications body of a competence standard to a
disabled person is not disability discrimination unless it is discrimination by
virtue of section 19.
54
Interpretation
30
(1)
This section applies for the purposes of section 53.
(2)
A qualifications body is an authority or body which can confer a relevant
qualification.
(3)
A relevant qualification is an authorisation, qualification, recognition,
registration, enrolment, approval or certification which is needed for, or
35
facilitates engagement in, a particular trade or profession.
(4)
An authority or body is not a qualifications body in so far as—
(a)
it can confer a qualification to which section 96 applies,
(b)
it is the responsible body of a school to which section 85 applies,
(c)
it is the governing body of an institution to which section 91 applies,
40
(d)
it exercises functions under the Education Acts, or
(e)
it exercises functions under the Education (Scotland) Act 1980 (c. 44).