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.
36

(5)
A reference to conferring a relevant qualification includes a reference to
renewing or extending the conferment of a relevant qualification.
(6)
A competence standard is an academic, medical or other standard applied for
the purpose of determining whether or not a person has a particular level of
competence or ability.
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Employment services
55
Employment service-providers
(1)
A person (an “employment service-provider”) concerned with the provision of
an employment service must not discriminate against a person—
(a)
in the arrangements the service-provider makes for selecting persons to
10
whom to provide, or to whom to offer to provide, the service;
(b)
as to the terms on which the service-provider offers to provide the
service to the person;
(c)
by not offering to provide the service to the person.
(2)
An employment service-provider (A) must not, in relation to the provision of
15
an employment service, discriminate against a person (B)—
(a)
as to the terms on which A provides the service to B;
(b)
by not providing the service to B;
(c)
by terminating the provision of the service to B;
(d)
by subjecting B to any other detriment.
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(3)
An employment service-provider must not, in relation to the provision of an
employment service, harass—
(a)
a person who asks the service-provider to provide the service;
(b)
a person for whom the service-provider provides the service.
(4)
An employment service-provider (A) must not victimise a person (B)—
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(a)
in the arrangements A makes for selecting persons to whom to provide,
or to whom to offer to provide, the service;
(b)
as to the terms on which A offers to provide the service to B;
(c)
by not offering to provide the service to B.
(5)
An employment service-provider (A) must not, in relation to the provision of
30
an employment service, victimise a person (B)—
(a)
as to the terms on which A provides the service to B;
(b)
by not providing the service to B;
(c)
by terminating the provision of the service to B;
(d)
by subjecting B to any other detriment.
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(6)
A duty to make reasonable adjustments applies to an employment service-
provider, except in relation to the provision of a vocational service.
(7)
The duty imposed by section 29(7)(a) applies to a person concerned with the
provision of a vocational service; but a failure to comply with that duty in
relation to the provision of a vocational service is a contravention of this Part
40
for the purposes of Part 9 (enforcement).

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
37

56
Interpretation
(1)
This section applies for the purposes of section 55.
(2)
The provision of an employment service includes—
(a)
the provision of vocational training;
(b)
the provision of vocational guidance;
5
(c)
making arrangements for the provision of vocational training or
vocational guidance;
(d)
the provision of a service for finding employment for persons;
(e)
the provision of a service for supplying employers with persons to do
work;
10
(f)
the provision of a service in pursuance of arrangements made under
section 2 of the Employment and Training Act 1973 (c. 50) (functions of
the Secretary of State relating to employment);
(g)
the provision of a service in pursuance of arrangements made or a
direction given under section 10 of that Act (careers services);
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(h)
the exercise of a function in pursuance of arrangements made under
section 2(3) of the Enterprise and New Towns (Scotland) Act 1990
(c. 35) (functions of Scottish Enterprise, etc. relating to employment);
(i)
an assessment related to the conferment of a relevant qualification
within the meaning of section 53 above (except in so far as the
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assessment is by the qualifications body which confers the
qualification).
(3)
This section does not apply in relation to training or guidance in so far as it is
training or guidance in relation to which another provision of this Part applies.
(4)
This section does not apply in relation to training or guidance for pupils of a
25
school to which section 85 applies in so far as it is training or guidance to which
the responsible body of the school has power to afford access (whether as the
responsible body of that school or as the responsible body of any other school
at which the training or guidance is provided).
(5)
This section does not apply in relation to training or guidance for students of
30
an institution to which section 91 applies in so far as it is training or guidance
to which the governing body of the institution has power to afford access.
(6)
“Vocational training” means—
(a)
training for employment, or
(b)
work experience (including work experience the duration of which is
35
not agreed until after it begins).
(7)
A reference to the provision of a vocational service is a reference to the
provision of an employment service within subsection (2)(a) to (d) (or an
employment service within subsection (2)(f) or (g) in so far as it is also an
employment service within subsection (2)(a) to (d)); and for that purpose—
40
(a)
the references to an employment service within subsection (2)(a) do not
include a reference to vocational training within the meaning given by
subsection (6)(b), and
(b)
the references to an employment service within subsection (2)(d) also
include a reference to a service for assisting persons to retain
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employment.
(8)
A reference to training includes a reference to facilities for training.

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
38

Trade organisations
57
Trade organisations
(1)
A trade organisation (A) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer
membership of the organisation;
5
(b)
as to the terms on which it is prepared to admit B as a member;
(c)
by not accepting B’s application for membership.
(2)
A trade organisation (A) must not discriminate against a member (B)—
(a)
in the way it affords B access, or by not affording B access, to
opportunities for receiving a benefit, facility or service;
10
(b)
by depriving B of membership;
(c)
by varying the terms on which B is a member;
(d)
by subjecting B to any other detriment.
(3)
A trade organisation must not, in relation to membership of it, harass—
(a)
a member, or
15
(b)
an applicant for membership.
(4)
A trade organisation (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer
membership of the organisation;
(b)
as to the terms on which it is prepared to admit B as a member;
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(c)
by not accepting B’s application for membership.
(5)
A trade organisation (A) must not victimise a member (B)—
(a)
in the way it affords B access, or by not affording B access, to
opportunities for receiving a benefit, facility or service;
(b)
by depriving B of membership;
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(c)
by varying the terms on which B is a member;
(d)
by subjecting B to any other detriment.
(6)
A duty to make reasonable adjustments applies to a trade organisation.
(7)
A trade organisation is—
(a)
an organisation of workers,
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(b)
an organisation of employers, or
(c)
any other organisation whose members carry on a particular trade or
profession for the purposes of which the organisation exists.
Local authority members
58
Official business of members
35
(1)
A local authority must not discriminate against a member of the authority in
relation to the member’s carrying out of official business—
(a)
in the way the authority affords the member access, or by not affording
the member access, to opportunities for training or for receiving any
other facility;
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(b)
by subjecting the member to any other detriment.

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
39

(2)
A local authority must not, in relation to a member’s carrying-out of official
business, harass the member.
(3)
A local authority must not victimise a member of the authority in relation to
the member’s carrying out of official business—
(a)
in the way the authority affords the member access, or by not affording
5
the member access, to opportunities for training or for receiving any
other facility;
(b)
by subjecting the member to any other detriment.
(4)
A member of a local authority is not subjected to a detriment for the purposes
of subsection (1)(b) or (3)(b) only because the member is—
10
(a)
not appointed or elected to an office of the authority,
(b)
not appointed or elected to, or to an office of, a committee or sub-
committee of the authority, or
(c)
not appointed or nominated in exercise of an appointment power of the
authority.
15
(5)
In subsection (4)(c), an appointment power of a local authority is a power of the
authority, or of a group of bodies including the authority, to make—
(a)
appointments to a body;
(b)
nominations for appointment to a body.
(6)
A duty to make reasonable adjustments applies to a local authority.
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59
Interpretation
(1)
This section applies for the purposes of section 58.
(2)
“Local authority” means—
(a)
a county council in England;
(b)
a district council in England;
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(c)
the Greater London Authority;
(d)
a London borough council;
(e)
the Common Council of the City of London;
(f)
the Council of the Isles of Scilly;
(g)
a parish council in England;
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(h)
a county council in Wales;
(i)
a community council in Wales;
(j)
a county borough council in Wales;
(k)
a council constituted under section 2 of the Local Government etc.
(Scotland) Act 1994 (c. 39);
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(l)
a community council in Scotland.
(3)
A Minister of the Crown may by order amend subsection (2) so as to add, vary
or omit a reference to a body which exercises functions that have been
conferred on a local authority within paragraph (a) to (l).
(4)
A reference to the carrying-out of official business by a person who is a
40
member of a local authority is a reference to the doing of anything by the
person—
(a)
as a member of the authority,

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
40

(b)
as a member of a body to which the person is appointed by, or
appointed following nomination by, the authority or a group of bodies
including the authority, or
(c)
as a member of any other public body.
(5)
“Member”, in relation to the Greater London Authority, means—
5
(a)
the Mayor of London;
(b)
a member of the London Assembly.
Recruitment
60
Enquiries about disability and health
(1)
A person (A) to whom an application for work is made must not ask about the
10
health of the applicant (B)—
(a)
before offering work to B, or
(b)
where A is not in a position to offer work to B, before including B in a
pool of applicants from whom A intends (when in a position to do so)
to select a person to whom to offer work.
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(2)
A contravention of subsection (1) (or a contravention of section 110 or 111 that
relates to a contravention of subsection (1)) is enforceable as an unlawful act
under Part 1 of the Equality Act 2006 (and, by virtue of section 119(8), is
enforceable only by the Commission under that Part).
(3)
A does not contravene a relevant disability provision merely by asking about
20
B’s health; but A’s conduct in reliance on information given in response may
be a contravention of a relevant disability provision.
(4)
Subsection (5) applies if B brings proceedings before an employment tribunal
on a complaint that A’s conduct in reliance on information given in response
to a question about B’s health is a contravention of a relevant disability
25
provision.
(5)
In the application of section 135 to the proceedings, the particulars of the
complaint are to be treated for the purposes of subsection (2) of that section as
facts from which the tribunal could decide that A contravened the provision.
(6)
This section does not apply to a question that A asks in so far as asking the
30
question is necessary for the purpose of—
(a)
establishing whether B will be able to comply with a requirement to
undergo an assessment or establishing whether a duty to make
reasonable adjustments is or will be imposed on A in relation to B in
connection with a requirement to undergo an assessment,
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(b)
establishing whether B will be able to carry out a function that is
intrinsic to the work concerned,
(c)
monitoring diversity in the range of persons applying to A for work,
(d)
taking action to which section 157 would apply if references in that
section to persons who share (or do not share) a protected characteristic
40
were references to disabled persons (or persons who are not disabled)
and the reference to the characteristic were a reference to disability, or
(e)
if A applies in relation to the work a requirement to have a particular
disability, establishing whether B has that disability.

Equality Bill
Part 5 — Work
Chapter 2 — Occupational pension schemes
41

(7)
In subsection (6)(b), where A reasonably believes that a duty to make
reasonable adjustments would be imposed on A in relation to B in connection
with the work, the reference to a function that is intrinsic to the work is to be
read as a reference to a function that would be intrinsic to the work once A
complied with the duty.
5
(8)
Subsection (6)(e) applies only if A shows that, having regard to the nature or
context of the work—
(a)
the requirement is an occupational requirement, and
(b)
the application of the requirement is a proportionate means of
achieving a legitimate aim.
10
(9)
“Work” means employment, contract work, a position as a partner, a position
as a member of an LLP, a pupillage or tenancy, being taken as a devil,
membership of a stable, an appointment to a personal or public office, or the
provision of an employment service; and the references in subsection (1) to
offering a person work are, in relation to contract work, to be read as references
15
to allowing a person to do the work.
(10)
A reference to offering work is a reference to making a conditional or
unconditional offer of work (and, in relation to contract work, is a reference to
allowing a person to do the work subject to fulfilment of one or more
conditions).
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(11)
The following, so far as relating to discrimination within section 13 because of
disability, are relevant disability provisions—
(a)
section 39(1)(a) or (c);
(b)
section 41(1)(b);
(c)
section 44(1)(a) or (c);
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(d)
section 45(1)(a) or (c);
(e)
section 47(1)(a) or (c);
(f)
section 48(1)(a) or (c);
(g)
section 49(3)(a) or (c);
(h)
section 50(3)(a) or (c);
30
(i)
section 51(1);
(j)
section 55(1)(a) or (c).
(12)
An assessment is an interview or other process designed to give an indication
of a person’s suitability for the work concerned.
(13)
For the purposes of this section, whether or not a person has a disability is to
35
be regarded as an aspect of that person’s health.
(14)
This section does not apply to anything done for the purpose of vetting
applicants for work for reasons of national security.
Chapter 2
Occupational pension schemes
40
61
Non-discrimination rule
(1)
An occupational pension scheme must be taken to include a non-
discrimination rule.

Equality Bill
Part 5 — Work
Chapter 2 — Occupational pension schemes
42

(2)
A non-discrimination rule is a provision by virtue of which a responsible
person (A)—
(a)
must not discriminate against another person (B) in carrying out any of
A’s functions in relation to the scheme;
(b)
must not, in relation to the scheme, harass B;
5
(c)
must not, in relation to the scheme, victimise B.
(3)
The provisions of an occupational pension scheme have effect subject to the
non-discrimination rule.
(4)
The following are responsible persons—
(a)
the trustees or managers of the scheme;
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(b)
an employer whose employees are, or may be, members of the scheme;
(c)
a person exercising an appointing function in relation to an office the
holder of which is, or may be, a member of the scheme.
(5)
A non-discrimination rule does not apply in relation to a person who is a
pension credit member of a scheme.
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(6)
An appointing function is any of the following—
(a)
the function of appointing a person;
(b)
the function of terminating a person’s appointment;
(c)
the function of recommending a person for appointment;
(d)
the function of approving an appointment.
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(7)
A breach of a non-discrimination rule is a contravention of this Part for the
purposes of Part 9 (enforcement).
(8)
It is not a breach of a non-discrimination rule for the employer or the trustees
or managers of a scheme to maintain or use in relation to the scheme rules,
practices, actions or decisions relating to age which are of a description
25
specified by order.
(9)
An order authorising the use of rules, practices, actions or decisions which are
not in use before the order comes into force must not be made unless the
Minister consults such persons as the Minister thinks appropriate.
(10)
A non-discrimination rule does not have effect in relation to an occupational
30
pension scheme in so far as an equality rule has effect in relation to it (or would
have effect in relation to it but for Part 2 of Schedule 7).
(11)
A duty to make reasonable adjustments applies to a responsible person.
62
Non-discrimination alterations
(1)
This section applies if the trustees or managers of an occupational pension
35
scheme do not have power to make non-discrimination alterations to the
scheme.
(2)
This section also applies if the trustees or managers of an occupational pension
scheme have power to make non-discrimination alterations to the scheme but
the procedure for doing so—
40
(a)
is liable to be unduly complex or protracted, or
(b)
involves obtaining consents which cannot be obtained or which can be
obtained only with undue delay or difficulty.