|
| |
|
| |
(1) | Regulations may prescribe— |
| |
(a) | matters to be taken into account in deciding whether it is reasonable for |
| |
A to take a step for the purposes of a prescribed provision of an |
| |
| 5 |
(b) | descriptions of persons to whom the first, second or third requirement |
| |
| |
(2) | Regulations may make provision as to— |
| |
(a) | circumstances in which it is, or in which it is not, reasonable for a |
| |
person of a prescribed description to have to take steps of a prescribed |
| 10 |
| |
(b) | what is, or what is not, a provision, criterion or practice; |
| |
(c) | things which are, or which are not, to be treated as physical features; |
| |
(d) | things which are, or which are not, to be treated as alterations of |
| |
| 15 |
(e) | things which are, or which are not, to be treated as auxiliary aids. |
| |
(3) | Provision made by virtue of this section may amend an applicable Schedule. |
| |
Discrimination: supplementary |
| |
23 | Comparison by reference to circumstances |
| |
(1) | On a comparison of cases for the purposes of section 13, 14, or 19 there must be |
| 20 |
no material difference between the circumstances relating to each case. |
| |
(2) | The circumstances relating to a case include a person’s abilities if— |
| |
(a) | on a comparison for the purposes of section 13, the protected |
| |
characteristic is disability; |
| |
(b) | on a comparison for the purposes of section 14, one of the protected |
| 25 |
characteristics in the combination is disability. |
| |
(3) | If the protected characteristic is sexual orientation, the fact that one person |
| |
(whether or not the person referred to as B) is a civil partner while another is |
| |
married is not a material difference between the circumstances relating to each |
| |
| 30 |
24 | Irrelevance of alleged discriminator’s characteristics |
| |
(1) | For the purpose of establishing a contravention of this Act by virtue of section |
| |
13(1), it does not matter whether A has the protected characteristic. |
| |
(2) | For the purpose of establishing a contravention of this Act by virtue of section |
| |
14(1), it does not matter— |
| 35 |
(a) | whether A has one of the protected characteristics in the combination; |
| |
| |
25 | References to particular strands of discrimination |
| |
(1) | Age discrimination is— |
| |
(a) | discrimination within section 13 because of age; |
| 40 |
|
| |
|
| |
|
(b) | discrimination within section 19 where the relevant protected |
| |
| |
(2) | Disability discrimination is— |
| |
(a) | discrimination within section 13 because of disability; |
| |
(b) | discrimination within section 15; |
| 5 |
(c) | discrimination within section 19 where the relevant protected |
| |
characteristic is disability; |
| |
(d) | discrimination within section 21. |
| |
(3) | Gender reassignment discrimination is— |
| |
(a) | discrimination within section 13 because of gender reassignment; |
| 10 |
(b) | discrimination within section 16; |
| |
(c) | discrimination within section 19 where the relevant protected |
| |
characteristic is gender reassignment. |
| |
(4) | Marriage and civil partnership discrimination is— |
| |
(a) | discrimination within section 13 because of marriage and civil |
| 15 |
| |
(b) | discrimination within section 19 where the relevant protected |
| |
characteristic is marriage and civil partnership. |
| |
(5) | Pregnancy and maternity discrimination is discrimination within section 17 or |
| |
| 20 |
(6) | Race discrimination is— |
| |
(a) | discrimination within section 13 because of race; |
| |
(b) | discrimination within section 19 where the relevant protected |
| |
| |
(7) | Religious or belief-related discrimination is— |
| 25 |
(a) | discrimination within section 13 because of religion or belief; |
| |
(b) | discrimination within section 19 where the relevant protected |
| |
characteristic is religion or belief. |
| |
(8) | Sex discrimination is— |
| |
(a) | discrimination within section 13 because of sex; |
| 30 |
(b) | discrimination within section 19 where the relevant protected |
| |
| |
(9) | Sexual orientation discrimination is— |
| |
(a) | discrimination within section 13 because of sexual orientation; |
| |
(b) | discrimination within section 19 where the relevant protected |
| 35 |
characteristic is sexual orientation. |
| |
| |
| |
(1) | A person (A) harasses another (B) if— |
| |
(a) | A engages in unwanted conduct related to a relevant protected |
| 40 |
| |
(b) | the conduct has the purpose or effect of— |
| |
(i) | violating B’s dignity, or |
| |
|
| |
|
| |
|
(ii) | creating an intimidating, hostile, degrading, humiliating or |
| |
offensive environment for B. |
| |
(2) | A also harasses B if— |
| |
(a) | A engages in unwanted conduct of a sexual nature, and |
| |
(b) | the conduct has the purpose or effect referred to in subsection (1)(b). |
| 5 |
(3) | A also harasses B if— |
| |
(a) | A or another person engages in unwanted conduct of a sexual nature or |
| |
that is related to gender reassignment or sex, |
| |
(b) | the conduct has the purpose or effect referred to in subsection (1)(b), |
| |
| 10 |
(c) | because of B’s rejection of or submission to the conduct, A treats B less |
| |
favourably than A would treat B if B had not rejected or submitted to |
| |
| |
(4) | In deciding whether conduct has the effect referred to in subsection (1)(b), each |
| |
of the following must be taken into account— |
| 15 |
| |
(b) | the other circumstances of the case; |
| |
(c) | whether it is reasonable for the conduct to have that effect. |
| |
(5) | The relevant protected characteristics are— |
| |
| 20 |
| |
| |
| |
| |
| 25 |
| |
| |
(1) | A person (A) victimises another person (B) if A subjects B to a detriment |
| |
| |
(a) | B does a protected act, or |
| 30 |
(b) | A believes that B has done, or may do, a protected act. |
| |
(2) | Each of the following is a protected act— |
| |
(a) | bringing proceedings under this Act; |
| |
(b) | giving evidence or information in connection with proceedings under |
| |
| 35 |
(c) | doing any other thing for the purposes of or in connection with this Act; |
| |
(d) | making an allegation (whether or not express) that A or another person |
| |
has contravened this Act. |
| |
(3) | Giving false evidence or information, or making a false allegation, is not a |
| |
protected act if the evidence or information is given, or the allegation is made, |
| 40 |
| |
(4) | This section applies only where the person subjected to a detriment is an |
| |
| |
|
| |
|
| |
|
(5) | The reference to contravening this Act includes a reference to committing a |
| |
breach of an equality clause or rule. |
| |
| |
Services and public functions |
| |
| 5 |
28 | Application of this Part |
| |
(1) | This Part does not apply to the protected characteristic of— |
| |
(a) | age, so far as relating to persons who have not attained the age of 18; |
| |
(b) | marriage and civil partnership. |
| |
(2) | This Part does not apply to discrimination, harassment or victimisation— |
| 10 |
(a) | that is prohibited by Part 4 (premises), 5 (work) or 6 (education), or |
| |
(b) | that would be so prohibited but for an express exception. |
| |
(3) | This Part does not apply to— |
| |
(a) | a breach of an equality clause or rule; |
| |
(b) | anything that would be a breach of an equality clause or rule but for |
| 15 |
section 69 or Part 2 of Schedule 7; |
| |
(c) | a breach of a non-discrimination rule. |
| |
Provision of services, etc. |
| |
29 | Provision of services, etc. |
| |
(1) | A person (a “service-provider”) concerned with the provision of a service to the |
| 20 |
public or a section of the public (for payment or not) must not discriminate |
| |
against a person requiring the service by not providing the person with the |
| |
| |
(2) | A service-provider (A) must not, in providing the service, discriminate against |
| |
| 25 |
(a) | as to the terms on which A provides the service to B; |
| |
(b) | by terminating the provision of the service to B; |
| |
(c) | by subjecting B to any other detriment. |
| |
(3) | A service-provider must not, in relation to the provision of the service, |
| |
| 30 |
(a) | a person requiring the service, or |
| |
(b) | a person to whom the service-provider provides the service. |
| |
(4) | A service-provider must not victimise a person requiring the service by not |
| |
providing the person with the service. |
| |
(5) | A service-provider (A) must not, in providing the service, victimise a person |
| 35 |
| |
(a) | as to the terms on which A provides the service to B; |
| |
(b) | by terminating the provision of the service to B; |
| |
(c) | by subjecting B to any other detriment. |
| |
|
| |
|
| |
|
(6) | A person must not, in the exercise of a public function that is not the provision |
| |
of a service to the public or a section of the public, do anything that constitutes |
| |
discrimination, harassment or victimisation. |
| |
(7) | A duty to make reasonable adjustments applies to— |
| |
(a) | a service-provider (and see also section 55(7)); |
| 5 |
(b) | a person who exercises a public function that is not the provision of a |
| |
service to the public or a section of the public. |
| |
(8) | In the application of section 26 for the purposes of subsection (3), and |
| |
subsection (6) as it relates to harassment, neither of the following is a relevant |
| |
protected characteristic— |
| 10 |
| |
| |
(9) | In the application of this section, so far as relating to race or religion or belief, |
| |
to the granting of entry clearance (within the meaning of the Immigration Act |
| |
1971), it does not matter whether an act is done within or outside the United |
| 15 |
| |
(10) | Subsection (9) does not affect the application of any other provision of this Act |
| |
to conduct outside England and Wales or Scotland. |
| |
| |
| 20 |
(1) | This Part (subject to subsection (2)) applies only in such circumstances as are |
| |
prescribed in relation to— |
| |
(a) | transporting people by ship or hovercraft; |
| |
(b) | a service provided on a ship or hovercraft. |
| |
(2) | Section 29(6) applies in relation to the matters referred to in paragraphs (a) and |
| 25 |
(b) of subsection (1); but in so far as it relates to disability discrimination, |
| |
section 29(6) applies to those matters only in such circumstances as are |
| |
| |
(3) | It does not matter whether the ship or hovercraft is within or outside the |
| |
| 30 |
(4) | “Ship” has the same meaning as in the Merchant Shipping Act 1995. |
| |
(5) | “Hovercraft” has the same meaning as in the Hovercraft Act 1968. |
| |
(6) | Nothing in this section affects the application of any other provision of this Act |
| |
to conduct outside England and Wales or Scotland. |
| |
31 | Interpretation and exceptions |
| 35 |
(1) | This section applies for the purposes of this Part. |
| |
(2) | A reference to the provision of a service includes a reference to the provision of |
| |
| |
(3) | A reference to the provision of a service includes a reference to the provision of |
| |
a service in the exercise of a public function. |
| 40 |
|
| |
|
| |
|
(4) | A public function is a function that is a function of a public nature for the |
| |
purposes of the Human Rights Act 1998. |
| |
(5) | Where an employer arranges for another person to provide a service only to the |
| |
| |
(a) | the employer is not to be regarded as the service-provider, but |
| 5 |
(b) | the employees are to be regarded as a section of the public. |
| |
(6) | A reference to a person requiring a service includes a reference to a person who |
| |
is seeking to obtain or use the service. |
| |
(7) | A reference to a service-provider not providing a person with a service |
| |
| 10 |
(a) | the service-provider not providing the person with a service of the |
| |
quality that the service-provider usually provides to the public (or the |
| |
section of it which includes the person), or |
| |
(b) | the service-provider not providing the person with the service in the |
| |
manner in which, or on the terms on which, the service-provider |
| 15 |
usually provides the service to the public (or the section of it which |
| |
| |
(8) | In relation to the provision of a service by either House of Parliament, the |
| |
service-provider is the Corporate Officer of the House concerned; and if the |
| |
service involves access to, or use of, a place in the Palace of Westminster which |
| 20 |
members of the public are allowed to enter, both Corporate Officers are jointly |
| |
| |
(9) | Schedule 2 (reasonable adjustments) has effect. |
| |
(10) | Schedule 3 (exceptions) has effect. |
| |
| 25 |
| |
| |
32 | Application of this Part |
| |
(1) | This Part does not apply to the following protected characteristics— |
| |
| 30 |
(b) | marriage and civil partnership. |
| |
(2) | This Part does not apply to discrimination, harassment or victimisation— |
| |
(a) | that is prohibited by Part 5 (work) or Part 6 (education), or |
| |
(b) | that would be so prohibited but for an express exception. |
| |
(3) | This Part does not apply to the provision of accommodation if the provision— |
| 35 |
(a) | is generally for the purpose of short stays by individuals who live |
| |
| |
(b) | is for the purpose only of exercising a public function or providing a |
| |
service to the public or a section of the public. |
| |
(4) | The reference to the exercise of a public function, and the reference to the |
| 40 |
provision of a service, are to be construed in accordance with Part 3. |
| |
|
| |
|
| |
|
(5) | This Part does not apply to— |
| |
(a) | a breach of an equality clause or rule; |
| |
(b) | anything that would be a breach of an equality clause or rule but for |
| |
section 69 or Part 2 of Schedule 7; |
| |
(c) | a breach of a non-discrimination rule. |
| 5 |
| |
| |
(1) | A person (A) who has the right to dispose of premises must not discriminate |
| |
| |
(a) | as to the terms on which A offers to dispose of the premises to B; |
| 10 |
(b) | by not disposing of the premises to B; |
| |
(c) | in A’s treatment of B with respect to things done in relation to persons |
| |
| |
(2) | Where an interest in a commonhold unit cannot be disposed of unless a |
| |
particular person is a party to the disposal, that person must not discriminate |
| 15 |
against a person by not being a party to the disposal. |
| |
(3) | A person who has the right to dispose of premises must not, in connection with |
| |
anything done in relation to their occupation or disposal, harass— |
| |
(a) | a person who occupies them; |
| |
(b) | a person who applies for them. |
| 20 |
(4) | A person (A) who has the right to dispose of premises must not victimise |
| |
| |
(a) | as to the terms on which A offers to dispose of the premises to B; |
| |
(b) | by not disposing of the premises to B; |
| |
(c) | in A’s treatment of B with respect to things done in relation to persons |
| 25 |
| |
(5) | Where an interest in a commonhold unit cannot be disposed of unless a |
| |
particular person is a party to the disposal, that person must not victimise a |
| |
person by not being a party to the disposal. |
| |
(6) | In the application of section 26 for the purposes of subsection (3), neither of the |
| 30 |
following is a relevant protected characteristic— |
| |
| |
| |
34 | Permission for disposal |
| |
(1) | A person whose permission is required for the disposal of premises must not |
| 35 |
discriminate against another by not giving permission for the disposal of the |
| |
| |
(2) | A person whose permission is required for the disposal of premises must not, |
| |
in relation to an application for permission to dispose of the premises, harass a |
| |
| 40 |
(a) | who applies for permission to dispose of the premises, or |
| |
(b) | to whom the disposal would be made if permission were given. |
| |
|
| |
|