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Equality Bill


Equality Bill
Part 2 — Equality: key concepts
Chapter 2 — Prohibited conduct

12

 

22      

Regulations

(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

applicable Schedule;

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(b)   

descriptions of persons to whom the first, second or third requirement

does not apply.

(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

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description;

(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

physical features;

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(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

case.

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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;

(b)   

whether A has both.

25      

References to particular strands of discrimination

(1)   

Age discrimination is—

(a)   

discrimination within section 13 because of age;

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Equality Bill
Part 2 — Equality: key concepts
Chapter 2 — Prohibited conduct

13

 

(b)   

discrimination within section 19 where the relevant protected

characteristic is age.

(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

partnership;

(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

18.

20

(6)   

Race discrimination is—

(a)   

discrimination within section 13 because of race;

(b)   

discrimination within section 19 where the relevant protected

characteristic is race.

(7)   

Religious or belief-related discrimination is—

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(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;

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(b)   

discrimination within section 19 where the relevant protected

characteristic is sex.

(9)   

Sexual orientation discrimination is—

(a)   

discrimination within section 13 because of sexual orientation;

(b)   

discrimination within section 19 where the relevant protected

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characteristic is sexual orientation.

Other prohibited conduct

26      

Harassment

(1)   

A person (A) harasses another (B) if—

(a)   

A engages in unwanted conduct related to a relevant protected

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characteristic, and

(b)   

the conduct has the purpose or effect of—

(i)   

violating B’s dignity, or

 
 

Equality Bill
Part 2 — Equality: key concepts
Chapter 2 — Prohibited conduct

14

 

(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),

and

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(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

the conduct.

(4)   

In deciding whether conduct has the effect referred to in subsection (1)(b), each

of the following must be taken into account—

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(a)   

the perception of B;

(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—

age;

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disability;

gender reassignment;

race;

religion or belief;

sex;

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sexual orientation.

27      

Victimisation

(1)   

A person (A) victimises another person (B) if A subjects B to a detriment

because—

(a)   

B does a protected act, or

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(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

this Act;

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(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

in bad faith.

(4)   

This section applies only where the person subjected to a detriment is an

individual.

 
 

Equality Bill
Part 3 — Services and public functions

15

 

(5)   

The reference to contravening this Act includes a reference to committing a

breach of an equality clause or rule.

Part 3

Services and public functions

Preliminary

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

service.

(2)   

A service-provider (A) must not, in providing the service, discriminate against

a person (B)—

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,

harass—

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

(B)—

(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.

 
 

Equality Bill
Part 3 — Services and public functions

16

 

(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

(a)   

religion or belief;

(b)   

sexual orientation.

(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

Kingdom.

(10)   

Subsection (9) does not affect the application of any other provision of this Act

to conduct outside England and Wales or Scotland.

Supplementary

30      

Ships and hovercraft

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(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

prescribed.

(3)   

It does not matter whether the ship or hovercraft is within or outside the

United Kingdom.

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(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

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(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

goods or facilities.

(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.

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Equality Bill
Part 4 — Premises

17

 

(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

employer’s employees—

(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

includes a reference to—

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

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usually provides the service to the public (or the section of it which

includes the person).

(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

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members of the public are allowed to enter, both Corporate Officers are jointly

the service-provider.

(9)   

Schedule 2 (reasonable adjustments) has effect.

(10)   

Schedule 3 (exceptions) has effect.

Part 4

25

Premises

Preliminary

32      

Application of this Part

(1)   

This Part does not apply to the following protected characteristics—

(a)   

age;

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

elsewhere, or

(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

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provision of a service, are to be construed in accordance with Part 3.

 
 

Equality Bill
Part 4 — Premises

18

 

(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

Disposal and management

33      

Disposals, etc.

(1)   

A person (A) who has the right to dispose of premises must not discriminate

against another (B)—

(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

seeking premises.

(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

another (B)—

(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

seeking premises.

(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—

(a)   

religion or belief;

(b)   

sexual orientation.

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

premises to the other.

(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

person—

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(a)   

who applies for permission to dispose of the premises, or

(b)   

to whom the disposal would be made if permission were given.

 
 

 
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