Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 5 — Work
Chapter 4 — Supplementary
52

80
Interpretation and exceptions
(1)
This section applies for the purposes of this Chapter.
(2)
The terms of a person’s work are—
(a)
if the person is employed, the terms of the person’s employment that
are in the person’s contract of employment, contract of apprenticeship
5
or contract to do work personally;
(b)
if the person holds a personal or public office, the terms of the person’s
appointment to the office.
(3)
If work is not done at an establishment, it is to be treated as done at the
establishment with which it has the closest connection.
10
(4)
A person (P) is the responsible person in relation to another person if—
(a)
P is the other’s employer;
(b)
P is responsible for paying remuneration in respect of a personal or
public office that the other holds.
(5)
A job evaluation study is a study undertaken with a view to evaluating, in
15
terms of the demands made on a person by reference to factors such as effort,
skill and decision-making, the jobs to be done—
(a)
by some or all of the workers in an undertaking or group of
undertakings, or
(b)
in the case of the armed forces, by some or all of the members of the
20
armed forces.
(6)
In the case of Crown employment, the reference in subsection (5)(a) to an
undertaking is to be construed in accordance with section 191(4) of the
Employment Rights Act 1996 (c. 18).
(7)
“Civil partnership status” has the meaning given in section 124(1) of the
25
Pensions Act 1995 (c. 26).
(8)
Schedule 7 (exceptions) has effect.
Chapter 4
Supplementary
81
Ships and hovercraft
30
(1)
This Part applies in relation to—
(a)
work on ships,
(b)
work on hovercraft, and
(c)
seafarers,

only in such circumstances as are prescribed.
35
(2)
For the purposes of this section, it does not matter whether employment arises
or work is carried out within or outside the United Kingdom.
(3)
“Ship” has the same meaning as in the Merchant Shipping Act 1995.
(4)
“Hovercraft” has the same meaning as in the Hovercraft Act 1968.
(5)
“Seafarer” means a person employed or engaged in any capacity on board a
40
ship or hovercraft.

Equality Bill
Part 5 — Work
Chapter 4 — Supplementary
53

(6)
Nothing in this section affects the application of any other provision of this Act
to conduct outside England and Wales or Scotland.
82
Offshore work
(1)
Her Majesty may by Order in Council provide that in the case of persons in
offshore work—
5
(a)
specified provisions of this Part apply (with or without modification);
(b)
Northern Ireland legislation making provision for purposes
corresponding to any of the purposes of this Part applies (with or
without modification).
(2)
The Order may—
10
(a)
provide for these provisions, as applied by the Order, to apply to
individuals (whether or not British citizens) and bodies corporate
(whether or not incorporated under the law of a part of the United
Kingdom), whether or not such application affects activities outside the
United Kingdom;
15
(b)
make provision for conferring jurisdiction on a specified court or class
of court or on employment tribunals in respect of offences, causes of
action or other matters arising in connection with offshore work;
(c)
exclude from the operation of section 3 of the Territorial Waters
Jurisdiction Act 1878 (consents required for prosecutions) proceedings
20
for offences under the provisions mentioned in subsection (1) in
connection with offshore work;
(d)
provide that such proceedings must not be brought without such
consent as may be required by the Order.
(3)
“Offshore work” is work for the purposes of—
25
(a)
activities in the territorial sea adjacent to the United Kingdom,
(b)
activities such as are mentioned in subsection (2) of section 11 of the
Petroleum Act 1998 in waters within subsection (8)(b) or (c) of that
section, or
(c)
activities mentioned in paragraphs (a) and (b) of section 87(1) of the
30
Energy Act 2004 in waters to which that section applies.
(4)
Work includes employment, contract work, a position as a partner or as a
member of an LLP, or an appointment to a personal or public office.
(5)
Northern Ireland legislation includes an enactment contained in, or in an
instrument under, an Act that forms part of the law of Northern Ireland.
35
(6)
In the application to Northern Ireland of subsection (2)(b), the reference to
employment tribunals is to be read as a reference to industrial tribunals.
(7)
Nothing in this section affects the application of any other provision of this Act
to conduct outside England and Wales or Scotland.
83
Interpretation and exceptions
40
(1)
This section applies for the purposes of this Part.
(2)
“Employment” means—
(a)
employment under a contract of employment, a contract of
apprenticeship or a contract personally to do work;

Equality Bill
Part 6 — Education
Chapter 1 — Schools
54

(b)
Crown employment;
(c)
employment as a relevant member of the House of Commons staff;
(d)
employment as a relevant member of the House of Lords staff.
(3)
This Part applies to service in the armed forces as it applies to employment by
a private person; and for that purpose—
5
(a)
references to terms of employment, or to a contract of employment, are
to be read as including references to terms of service;
(b)
references to associated employers are to be ignored.
(4)
A reference to an employer or an employee, or to employing or being
employed, is (subject to section 210(11)) to be read with subsections (2) and (3);
10
and a reference to an employer also includes a reference to a person who has
no employees but is seeking to employ one or more other persons.
(5)
“Relevant member of the House of Commons staff” has the meaning given in
section 195 of the Employment Rights Act 1996; and such a member of staff is
an employee of—
15
(a)
the person who is the employer of that member under subsection (6) of
that section, or
(b)
if subsection (7) of that section applies in the case of that member, the
person who is the employer of that member under that subsection.
(6)
“Relevant member of the House of Lords staff” has the meaning given in
20
section 194 of that Act (which provides that such a member of staff is an
employee of the Corporate Officer of the House of Lords).
(7)
In the case of a person in Crown employment, or in employment as a relevant
member of the House of Commons staff, a reference to the person’s dismissal
is a reference to the termination of the person’s employment.
25
(8)
A reference to a personal or public office, or to an appointment to a personal or
public office, is to be construed in accordance with section 52.
(9)
“Crown employment” has the meaning given in section 191 of the Employment
Rights Act 1996.
(10)
Schedule 8 (reasonable adjustments) has effect.
30
(11)
Schedule 9 (exceptions) has effect.
Part 6
Education
Chapter 1
Schools
35
84
Application of this Chapter
This Chapter does not apply to the following protected characteristics—
(a)
age;
(b)
marriage and civil partnership;
(c)
pregnancy and maternity.
40

Equality Bill
Part 6 — Education
Chapter 1 — Schools
55

85
Pupils: admission and treatment, etc.
(1)
The responsible body of a school to which this section applies must not
discriminate against a person—
(a)
in the arrangements it makes for deciding who is offered admission as
a pupil;
5
(b)
as to the terms on which it offers to admit the person as a pupil;
(c)
by not admitting the person as a pupil.
(2)
The responsible body of such a school must not discriminate against a pupil—
(a)
in the way it provides education for the pupil;
(b)
in the way it affords the pupil access to a benefit, facility or service;
10
(c)
by not providing education for the pupil;
(d)
by not affording the pupil access to a benefit, facility or service;
(e)
by excluding the pupil from the school;
(f)
by subjecting the pupil to any other detriment.
(3)
The responsible body of such a school must not harass—
15
(a)
a pupil;
(b)
a person who has applied for admission as a pupil.
(4)
The responsible body of such a school must not victimise a person—
(a)
in the arrangements it makes for deciding who is offered admission as
a pupil;
20
(b)
as to the terms on which it offers to admit the person as a pupil;
(c)
by not admitting the person as a pupil.
(5)
The responsible body of such a school must not victimise a pupil—
(a)
in the way it provides education for the pupil;
(b)
in the way it affords the pupil access to a benefit, facility or service;
25
(c)
by not providing education for the pupil;
(d)
by not affording the pupil access to a benefit, facility or service;
(e)
by excluding the pupil from the school;
(f)
by subjecting the pupil to any other detriment.
(6)
A duty to make reasonable adjustments applies to the responsible body of such
30
a school.
(7)
In relation to England and Wales, this section applies to—
(a)
a school maintained by a local authority;
(b)
an independent educational institution (other than a special school);
(c)
a special school (not maintained by a local authority).
35
(8)
In relation to Scotland, this section applies to—
(a)
a school managed by an education authority;
(b)
an independent school;
(c)
a school in respect of which the managers are for the time being
receiving grants under section 73(c) or (d) of the Education (Scotland)
40
Act 1980.
(9)
The responsible body of a school to which this section applies is—
(a)
if the school is within subsection (7)(a), the local authority or governing
body;

Equality Bill
Part 6 — Education
Chapter 1 — Schools
56

(b)
if it is within subsection (7)(b) or (c), the proprietor;
(c)
if it is within subsection (8)(a), the education authority;
(d)
if it is within subsection (8)(b), the proprietor;
(e)
if it is within subsection (8)(c), the managers.
(10)
In the application of section 26 for the purposes of subsection (3), none of the
5
following is a relevant protected characteristic—
(a)
gender reassignment;
(b)
religion or belief;
(c)
sexual orientation.
86
Victimisation of pupils, etc. for conduct of parents, etc.
10
(1)
This section applies for the purposes of section 27 in its application to section
85(4) or (5).
(2)
The references to B in paragraphs (a) and (b) of subsection (1) of section 27
include a reference to a parent or sibling of the child in question.
(3)
Giving false evidence or information, or making a false allegation, in good faith
15
is not a protected act in a case where—
(a)
the evidence or information is given, or the allegation is made, by a
parent or sibling of the child, and
(b)
the child has acted in bad faith.
(4)
Giving false evidence or information, or making a false allegation, in bad faith,
20
is a protected act in a case where—
(a)
the evidence or information is given, or the allegation is made, by a
parent or sibling of the child, and
(b)
the child has acted in good faith.
(5)
In this section—
25
“child” means a person who has not attained the age of 18;
“sibling” means a brother or sister, a half-brother or half-sister, or a
stepbrother or stepsister.
87
Application of certain powers under Education Act 1996
(1)
Sections 496 and 497 of the Education Act 1996 (c. 56) (powers to give
30
directions where responsible body of school in default of obligations, etc.)
apply to the performance of a duty under section 85.
(2)
But neither of sections 496 and 497 of that Act applies to the performance of a
duty under that section by the proprietor of an independent educational
institution (other than a special school).
35
88
Disabled pupils: accessibility
Schedule 10 (accessibility) has effect.
89
Interpretation and exceptions
(1)
This section applies for the purposes of this Chapter.

Equality Bill
Part 6 — Education
Chapter 1 — Schools
57

(2)
Nothing in this Chapter applies to anything done in connection with the
content of the curriculum.
(3)
“Pupil”—
(a)
in relation to England and Wales, has the meaning given in section 3(1)
of the Education Act 1996 (c. 56);
5
(b)
in relation to Scotland, has the meaning given in section 135(1) of the
Education (Scotland) Act 1980 (c. 44).
(4)
“Proprietor”—
(a)
in relation to a school in England and Wales, has the meaning given in
section 579(1) of the Education Act 1996;
10
(b)
in relation to a school in Scotland, has the meaning given in section
135(1) of the Education (Scotland) Act 1980.
(5)
“School”—
(a)
in relation to England and Wales, has the meaning given in section 4 of
the Education Act 1996;
15
(b)
in relation to Scotland, has the meaning given in section 135(1) of the
Education (Scotland) Act 1980.
(6)
A reference to a school includes a reference to an independent educational
institution in England; and a reference to an independent educational
institution in England is to be construed in accordance with Chapter 1 of Part
20
4 of the Education and Skills Act 2008.
(7)
A reference to an independent educational institution is a reference to—
(a)
an independent educational institution in England, or
(b)
an independent school in Wales.
(8)
“Independent school”—
25
(a)
in relation to Wales, has the meaning given in section 463 of the
Education Act 1996;
(b)
in relation to Scotland, has the meaning given in section 135(1) of the
Education (Scotland) Act 1980.
(9)
“Special school” has the meaning given in section 337 of the Education Act
30
1996.
(10)
“Local authority” means—
(a)
in relation to England, an English local authority within the meaning of
section 162 of the Education and Inspections Act 2006;
(b)
in relation to Wales, a Welsh local authority within the meaning of that
35
section.
(11)
“Education authority”, in relation to Scotland, has the meaning given in section
135(1) of the Education (Scotland) Act 1980.
(12)
Schedule 11 (exceptions) has effect.

Equality Bill
Part 6 — Education
Chapter 2 — Further and higher education
58

Chapter 2
Further and higher education
90
Application of this Chapter
This Chapter does not apply to the protected characteristic of marriage and
civil partnership.
5
91
Students: admission and treatment, etc.
(1)
The responsible body of an institution to which this section applies must not
discriminate against a person—
(a)
in the arrangements it makes for deciding who is offered admission as
a student;
10
(b)
as to the terms on which it offers to admit the person as a student;
(c)
by not admitting the person as a student.
(2)
The responsible body of such an institution must not discriminate against a
student—
(a)
in the way it provides education for the student;
15
(b)
in the way it affords the student access to a benefit, facility or service;
(c)
by not providing education for the student;
(d)
by not affording the student access to a benefit, facility or service;
(e)
by excluding the student;
(f)
by subjecting the student to any other detriment.
20
(3)
The responsible body of such an institution must not discriminate against a
disabled person—
(a)
in the arrangements it makes for deciding upon whom to confer a
qualification;
(b)
as to the terms on which it is prepared to confer a qualification on the
25
person;
(c)
by not conferring a qualification on the person;
(d)
by withdrawing a qualification from the person or varying the terms on
which the person holds it.
(4)
Subsection (3) applies only to disability discrimination.
30
(5)
The responsible body of such an institution must not harass—
(a)
a student;
(b)
a person who has applied for admission as a student;
(c)
a disabled person who holds or has applied for a qualification
conferred by the institution.
35
(6)
The responsible body of such an institution must not victimise a person—
(a)
in the arrangements it makes for deciding who is offered admission as
a student;
(b)
as to the terms on which it offers to admit the person as a student;
(c)
by not admitting the person as a student.
40
(7)
The responsible body of such an institution must not victimise a student—
(a)
in the way it provides education for the student;