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Equality Bill


Equality Bill
Schedule 6 — Office-holders: excluded offices

160

 

(g)   

section 55 (employment services) so far as applying to the provision

of work experience within section 56(2)(a) or arrangements within

section 56(2)(c) for such provision.

Political offices

2     (1)  

An office or post is not a personal or public office if it is a political office.

5

      (2)  

A political office is an office or post set out in the second column of the

following Table—

 

Political setting

Office or post

 
 

Houses of Parliament

An office of the House of Commons held

 
  

by a member of that House

 

10

  

An office of the House of Lords held by a

 
  

member of that House

 
  

A Ministerial office within the meaning

 
  

of section 2 of the House of Commons

 
  

Disqualification Act 1975

 

15

  

The office of the Leader of the Opposition

 
  

within the meaning of the Ministerial and

 
  

other Salaries Act 1975

 
  

The office of the Chief Opposition Whip,

 
  

or of an Assistant Opposition Whip,

 

20

  

within the meaning of that Act

 
 

Scottish Parliament

An office of the Scottish Parliament held

 
  

by a member of the Parliament

 
  

The office of a member of the Scottish

 
  

Executive

 

25

  

The office of a junior Scottish Minister

 
 

National Assembly for

An office of the National Assembly for

 
 

Wales

Wales held by a member of the Assembly

 
  

The office of a member of the Welsh

 
  

Assembly Government

 

30

 

Local government in

An office of a county council, district

 
 

England (outside

council or parish council in England held

 
 

London)

by a member of the council

 
  

An office of the Council of the Isles of

 
  

Scilly held by a member of the Council

 

35

 

Local government in

An office of the Greater London

 
 

London

Authority held by the Mayor of London

 
  

or a member of the London Assembly

 
 
 

Equality Bill
Schedule 7 — Equality of terms: exceptions
Part 1 — Terms of work

161

 
 

Political setting

Office or post

 
  

An office of a London borough council

 
  

held by a member of the council

 
  

An office of the Common Council of the

 
  

City of London held by a member of the

 

5

  

Council

 
 

Local government in

An office of a county council, county

 
 

Wales

borough council or community council in

 
  

Wales held by a member of the council

 
 

Local government in

An office of a council constituted under

 

10

 

Scotland

section 2 of the Local Government etc.

 
  

(Scotland) Act 1994 held by a member of

 
  

the council

 
  

An office of a council established under

 
  

section 51 of the Local Government

 

15

  

(Scotland) Act 1973 held by a member of

 
  

the council

 
 

Political parties

An office of a registered political party

 
 

      (3)  

The reference to a registered political party is a reference to a party

registered in the Great Britain register under Part 2 of the Political Parties,

20

Elections and Referendums Act 2000.

Honours etc.

3          

A life peerage (within the meaning of the Life Peerages Act 1958), or any

other dignity or honour conferred by the Crown, is not a personal or public

office.

25

Schedule 7

Section 80

 

Equality of terms: exceptions

Part 1

Terms of work

Compliance with laws regulating employment of women, etc.

30

1          

Neither a sex equality clause nor a maternity equality clause has effect in

relation to terms of work affected by compliance with laws regulating—

(a)   

the employment of women;

(b)   

the appointment of women to personal or public offices.

 
 

Equality Bill
Schedule 7 — Equality of terms: exceptions
Part 2 — Occupational pension schemes

162

 

Pregnancy, etc.

2          

A sex equality clause does not have effect in relation to terms of work

affording special treatment to women in connection with pregnancy or

childbirth.

Part 2

5

Occupational pension schemes

Preliminary

3     (1)  

A sex equality rule does not have effect in relation to a difference as between

men and women in the effect of a relevant matter if the difference is

permitted by or by virtue of this Part of this Schedule.

10

      (2)  

“Relevant matter” has the meaning given in section 67.

State retirement pensions

4     (1)  

This paragraph applies where a man and a woman are eligible, in such

circumstances as may be prescribed, to receive different amounts by way of

pension.

15

      (2)  

The difference is permitted if, in prescribed circumstances, it is attributable

only to differences between men and women in the retirement benefits to

which, in prescribed circumstances, the man and woman are or would be

entitled.

      (3)  

“Retirement benefits” are benefits under sections 43 to 55 of the Social

20

Security Contributions and Benefits Act 1992 (state retirement pensions).

Actuarial factors

5     (1)  

A difference as between men and women is permitted if it consists of

applying to the calculation of the employer’s contributions to an

occupational pension scheme actuarial factors which—

25

(a)   

differ for men and women, and

(b)   

are of such description as may be prescribed.

      (2)  

A difference as between men and women is permitted if it consists of

applying to the determination of benefits of such description as may be

prescribed actuarial factors which differ for men and women.

30

Power to amend

6     (1)  

Regulations may amend this Part of this Schedule so as to add, vary or omit

provision about cases where a difference as between men and women in the

effect of a relevant matter is permitted.

      (2)  

The regulations may make provision about pensionable service before the

35

date on which they come into force (but not about pensionable service before

17 May 1990).

 
 

Equality Bill
Schedule 8 — Work: reasonable adjustments
Part 1 — Introductory

163

 

Schedule 8

Section 83

 

Work: reasonable adjustments

Part 1

Introductory

Preliminary

5

1          

This Schedule applies where a duty to make reasonable adjustments is

imposed on A by this Part of this Act.

The duty

2     (1)  

A must comply with the first, second and third requirements.

      (2)  

For the purposes of this paragraph—

10

(a)   

the reference in section 20(3) to a provision, criterion or practice is a

reference to a provision, criterion or practice applied by or on behalf

of A;

(b)   

the reference in section 20(4) to a physical feature is a reference to a

physical feature of premises occupied by A;

15

(c)   

the reference in section 20(3) or (4) to a disabled person is to an

interested disabled person.

      (3)  

In relation to the first and third requirements, a relevant matter is any matter

specified in the first column of the applicable table in Part 2 of this Schedule.

      (4)  

In relation to the second requirement, a relevant matter is—

20

(a)   

a matter specified in the second entry of the first column of the

applicable table in Part 2 of this Schedule, or

(b)   

where there is only one entry in a column, a matter specified there.

      (5)  

If two or more persons are subject to a duty to make reasonable adjustments

in relation to the same interested disabled person, each of them must comply

25

with the duty so far as it is reasonable for each of them to do so.

3     (1)  

This paragraph applies if a duty to make reasonable adjustments is imposed

on A by section 55 (except where the employment service which A provides

is the provision of vocational training within the meaning given by section

56(6)(b)).

30

      (2)  

The reference in section 20(3), (4) and (5) to a disabled person is a reference

to an interested disabled person.

      (3)  

In relation to each requirement, the relevant matter is the employment

service which A provides.

      (4)  

Sub-paragraph (5) of paragraph 2 applies for the purposes of this paragraph

35

as it applies for the purposes of that paragraph.

 
 

Equality Bill
Schedule 8 — Work: reasonable adjustments
Part 2 — Interested disabled person

164

 

Part 2

Interested disabled person

Preliminary

4          

An interested disabled person is a disabled person who, in relation to a

relevant matter, is of a description specified in the second column of the

5

applicable table in this Part of this Schedule.

Employers (see section 39)

5     (1)  

This paragraph applies where A is an employer.

 

Relevant matter

Description of disabled person

 
 

Deciding to whom to offer

A person who is, or has notified A that

 

10

 

employment.

the person may be, an applicant for the

 
  

employment.

 
 

Employment by A.

An applicant for employment by A.

 
  


 
  

An employee of A’s.

 

15

      (2)  

Where A is the employer of a disabled contract worker (B), A must comply

with the first, second and third requirements on each occasion when B is

supplied to a principal to do contract work.

      (3)  

In relation to the first requirement (as it applies for the purposes of sub-

paragraph (2))—

20

(a)   

the reference in section 20(3) to a provision, criterion or practice is a

reference to a provision, criterion or practice applied by or on behalf

of all or most of the principals to whom B is or might be supplied,

(b)   

the reference to being put at a substantial disadvantage is a reference

to being likely to be put at a substantial disadvantage that is the same

25

or similar in the case of each of the principals referred to in

paragraph (a), and

(c)   

the requirement imposed on A is a requirement to take such steps as

it would be reasonable for A to have to take if the provision, criterion

or practice were applied by or on behalf of A.

30

      (4)  

In relation to the second requirement (as it applies for the purposes of sub-

paragraph (2))—

(a)   

the reference in section 20(4) to a physical feature is a reference to a

physical feature of premises occupied by each of the principals

referred to in sub-paragraph (3)(a),

35

(b)   

the reference to being put at a substantial disadvantage is a reference

to being likely to be put at a substantial disadvantage that is the same

or similar in the case of each of those principals, and

(c)   

the requirement imposed on A is a requirement to take such steps as

it would be reasonable for A to have to take if the premises were

40

occupied by A.

 
 

Equality Bill
Schedule 8 — Work: reasonable adjustments
Part 2 — Interested disabled person

165

 

      (5)  

In relation to the third requirement (as it applies for the purposes of sub-

paragraph (2))—

(a)   

the reference in section 20(5) to being put at a substantial

disadvantage is a reference to being likely to be put at a substantial

disadvantage that is the same or similar in the case of each of the

5

principals referred to in sub-paragraph (3)(a), and

(b)   

the requirement imposed on A is a requirement to take such steps as

it would be reasonable for A to have to take if A were the person to

whom B was supplied.

Principals in contract work (see section 41)

10

6     (1)  

This paragraph applies where A is a principal.

 

Relevant matter

Description of disabled person

 
 

Contract work that A may make

A person who is, or has notified A

 
 

available.

that the person may be, an applicant

 
  

to do the work.

 

15

 

Contract work that A makes

A person who is supplied to do the

 
 

available.

work.

 

      (2)  

A is not required to do anything that a disabled person’s employer is

required to do by virtue of paragraph 5.

Partnerships (see section 44)

20

7     (1)  

This paragraph applies where A is a firm or a proposed firm.

 

Relevant matter

Description of disabled person

 
 

Deciding to whom to offer a

A person who is, or has notified A that

 
 

position as a partner.

the person may be, a candidate for the

 
  

position.

 

25

 

A position as a partner.

A candidate for the position.

 
  


 
  

The partner who holds the position.

 

      (2)  

Where a firm or proposed firm (A) is required by this Schedule to take a step

in relation to an interested disabled person (B)—

30

(a)   

the cost of taking the step is to be treated as an expense of A;

(b)   

the extent to which B should (if B is or becomes a partner) bear the

cost is not to exceed such amount as is reasonable (having regard in

particular to B’s entitlement to share in A’s profits).

LLPs (see section 45)

35

8     (1)  

This paragraph applies where A is an LLP or a proposed LLP.

 
 

Equality Bill
Schedule 8 — Work: reasonable adjustments
Part 2 — Interested disabled person

166

 
 

Relevant matter

Description of disabled person

 
 

Deciding to whom to offer a

A person who is, or has notified A that

 
 

position as a member.

the person may be, a candidate for the

 
  

position.

 
 

A position as a member.

A candidate for the position.

 

5

  


 
  

The member who holds the position.

 

      (2)  

Where an LLP or proposed LLP (A) is required by this Schedule to take a

step in relation to an interested disabled person (B)—

(a)   

the cost of taking the step is to be treated as an expense of A;

10

(b)   

the extent to which B should (if B is or becomes a member) bear the

cost is not to exceed such amount as is reasonable (having regard in

particular to B’s entitlement to share in A’s profits).

Barristers and their clerks (see section 47)

9          

This paragraph applies where A is a barrister or barrister’s clerk.

15

 

Relevant matter

Description of disabled person

 
 

Deciding to whom to offer a

A person who is, or has notified A that

 
 

pupillage or tenancy.

the person may be, an applicant for the

 
  

pupillage or tenancy.

 
 

A pupillage or tenancy.

An applicant for the pupillage or

 

20

  

tenancy.

 
  


 
  

The pupil or tenant.

 

Advocates and their clerks (see section 48)

10         

This paragraph applies where A is an advocate or advocate’s clerk.

25

 

Relevant matter

Description of disabled person

 
 

Deciding who to offer to take as a

A person who applies, or has notified

 
 

devil or to whom to offer

A that the person may apply, to be

 
 

membership of a stable.

taken as a devil or to become a

 
  

member of the stable.

 

30

 

The relationship with a devil or

An applicant to be taken as a devil or

 
 

membership of a stable.

to become a member of the stable.

 
  


 
  

The devil or member.

 
 
 

 
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