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Session 2009 - 10
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Equality Bill


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

167

 

Persons making appointments to offices etc. (see sections 49 to 51)

11         

This paragraph applies where A is a person who has the power to make an

appointment to a personal or public office.

 

Relevant matter

Description of disabled person

 
 

Deciding to whom to offer the

A person who is, or has notified A that

 

5

 

appointment.

the person may be, seeking the

 
  

appointment.

 
  


 
  

A person who is being considered for

 
  

the appointment.

 

10

 

Appointment to the office.

A person who is seeking, or being

 
  

considered for, appointment to the

 
  

office.

 

12         

This paragraph applies where A is a relevant person in relation to a personal

or public office.

15

 

Relevant matter

Description of disabled person

 
 

Appointment to the office.

A person appointed to the office.

 

13         

This paragraph applies where A is a person who has the power to make a

recommendation for, or give approval to, an appointment to a public office.

 

Relevant matter

Description of disabled person

 

20

 

Deciding who to recommend or

A person who is, or has notified A that

 
 

approve for appointment to the

the person may be, seeking

 
 

office.

recommendation or approval for

 
  

appointment to the office.

 
  


 

25

  

A person who is being considered for

 
  

recommendation or approval for

 
  

appointment to the office.

 
 

An appointment to the office.

A person who is seeking, or being

 
  

considered for, appointment to the

 

30

  

office in question.

 

14         

In relation to the second requirement in a case within paragraph 11, 12 or 13,

the reference in paragraph 2(2)(b) to premises occupied by A is to be read as

a reference to premises—

(a)   

under the control of A, and

35

(b)   

at or from which the functions of the office concerned are performed.

 
 

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

168

 

Qualifications bodies (see section 53)

15    (1)  

This paragraph applies where A is a qualifications body.

 

Relevant matter

Description of disabled person

 
 

Deciding on whom to confer a

A person who is, or has notified A that

 
 

relevant qualification.

the person may be, an applicant for the

 

5

  

conferment of the qualification.

 
 

Conferment by the body of a

An applicant for the conferment of the

 
 

relevant qualification.

qualification.

 
  


 
  

A person who holds the qualification.

 

10

      (2)  

A provision, criterion or practice does not include the application of a

competence standard.

Employment service-providers (see section 55)

16         

This paragraph applies where—

(a)   

A is an employment service-provider, and

15

(b)   

the employment service which A provides is vocational training

within the meaning given by section 56(6)(b).

 

Relevant matter

Description of disabled person

 
 

Deciding to whom to offer to

A person who is, or has notified A that

 
 

provide the service.

the person may be, an applicant for the

 

20

  

provision of the service.

 
 

Provision by A of the service.

A person who applies to A for the

 
  

provision of the service.

 
  


 
  

A person to whom A provides the

 

25

  

service.

 

Trade organisations (see section 57)

17         

This paragraph applies where A is a trade organisation.

 

Relevant matter

Description of disabled person

 
 

Deciding to whom to offer

A person who is, or has notified A

 

30

 

membership of the organisation.

that the person may be, an applicant

 
  

for membership.

 
 

Membership of the organisation.

An applicant for membership.

 
  


 
  

A member.

 

35

 
 

Equality Bill
Schedule 8 — Work: reasonable adjustments
Part 3 — Limitations on the duty

169

 

Local authorities (see section 58)

18    (1)  

This paragraph applies where A is a local authority.

 

Relevant matter

Description of disabled person

 
 

A member’s carrying-out of official

The member.

 
 

business.

  

5

      (2)  

Regulations may, for the purposes of a case within this paragraph, make

provision—

(a)   

as to circumstances in which a provision, criterion or practice is, or is

not, to be taken to put a disabled person at the disadvantage referred

to in the first requirement;

10

(b)   

as to circumstances in which a physical feature is, or is not, to be

taken to put a disabled person at the disadvantage referred to in the

second requirement;

(c)   

as to circumstances in which it is, or in which it is not, reasonable for

a local authority to be required to take steps of a prescribed

15

description;

(d)   

as to steps which it is always, or which it is never, reasonable for a

local authority to take.

Occupational pensions (see section 61)

19         

This paragraph applies where A is, in relation to an occupational pension

20

scheme, a responsible person within the meaning of section 61.

 

Relevant matter

Description of disabled person

 
 

Carrying out A’s functions in

A person who is or may be a member

 
 

relation to the scheme.

of the scheme.

 

Part 3

25

Limitations on the duty

Lack of knowledge of disability, etc.

20    (1)  

A is not subject to a duty to make reasonable adjustments if A does not

know, and could not reasonably be expected to know—

(a)   

in the case of an applicant or potential applicant, that an interested

30

disabled person is or may be an applicant for the work in question;

(b)   

in any other case referred to in this Part of this Schedule, that an

interested disabled person has a disability and is likely to be placed

at the disadvantage referred to in the first, second or third

requirement.

35

      (2)  

An applicant is, in relation to the description of A specified in the first

column of the table, a person of a description specified in the second column

(and the reference to a potential applicant is to be construed accordingly).

 
 

Equality Bill
Schedule 9 — Work: exceptions
Part 1 — Occupational requirements

170

 
 

Description of A

Applicant

 
 

An employer

An applicant for employment

 
 

A firm or proposed firm

A candidate for a position as a partner

 
 

An LLP or proposed LLP

A candidate for a position as a member

 
 

A barrister or barrister’s

An applicant for a pupillage or tenancy

 

5

 

clerk

  
 

An advocate or advocate’s

An applicant for being taken as an

 
 

clerk

advocate’s devil or for becoming a

 
  

member of a stable

 
 

A relevant person in

A person who is seeking appointment to,

 

10

 

relation to a personal or

or recommendation or approval for

 
 

public office

appointment to, the office

 
 

A qualifications body

An applicant for the conferment of a

 
  

relevant qualification

 
 

An employment service-

An applicant for the provision of an

 

15

 

provider

employment service

 
 

A trade organisation

An applicant for membership

 

      (3)  

If the duty to make reasonable adjustments is imposed on A by section 55,

this paragraph applies only in so far as the employment service which A

provides is vocational training within the meaning given by section 56(6)(a).

20

Schedule 9

Section 83

 

Work: exceptions

Part 1

Occupational requirements

General

25

1     (1)  

A person (A) does not contravene a provision mentioned in sub-paragraph

(2) by applying in relation to work a requirement to have a particular

protected characteristic, if A shows that, having regard to the nature or

context of the work—

(a)   

it is an occupational requirement,

30

(b)   

the application of the requirement is a proportionate means of

achieving a legitimate aim, and

(c)   

the person to whom A applies the requirement does not meet it (or

A has reasonable grounds for not being satisfied that the person

meets it).

35

      (2)  

The provisions are—

 
 

Equality Bill
Schedule 9 — Work: exceptions
Part 1 — Occupational requirements

171

 

(a)   

section 39(1)(a) or (c) or (2)(b) or (c);

(b)   

section 41(1)(b);

(c)   

section 44(1)(a) or (c) or (2)(b) or (c);

(d)   

section 45(1)(a) or (c) or (2)(b) or (c);

(e)   

section 49(3)(a) or (c) or (6)(b) or (c);

5

(f)   

section 50(3)(a) or (c) or (6)(b) or (c);

(g)   

section 51(1).

      (3)  

The references in sub-paragraph (1) to a requirement to have a protected

characteristic are to be read—

(a)   

in the case of gender reassignment, as references to a requirement not

10

to be a transsexual person (and section 7(3) is accordingly to be

ignored);

(b)   

in the case of marriage and civil partnership, as references to a

requirement not to be married or a civil partner (and section 8(2) is

accordingly to be ignored).

15

      (4)  

In the case of a requirement to be of a particular sex, sub-paragraph (1) has

effect as if in paragraph (c), the words from “(or” to the end were omitted.

Religious requirements relating to sex, marriage etc., sexual orientation

2     (1)  

A person (A) does not contravene a provision mentioned in sub-paragraph

(2) by applying in relation to employment a requirement to which sub-

20

paragraph (4) applies if A shows that—

(a)   

the employment is for the purposes of an organised religion,

(b)   

the application of the requirement engages the compliance or non-

conflict principle, and

(c)   

the person to whom A applies the requirement does not meet it (or

25

A has reasonable grounds for not being satisfied that the person

meets it).

      (2)  

The provisions are—

(a)   

section 39(1)(a) or (c) or (2)(b) or (c);

(b)   

section 49(3)(a) or (c) or (6)(b) or (c);

30

(c)   

section 50(3)(a) or (c) or (6)(b) or (c);

(d)   

section 51(1).

      (3)  

A person does not contravene section 53(1) or (2)(a) or (b) by applying in

relation to a relevant qualification (within the meaning of that section) a

requirement to which sub-paragraph (4) applies if the person shows that—

35

(a)   

the qualification is for the purposes of employment mentioned in

sub-paragraph (1)(a), and

(b)   

the application of the requirement engages the compliance or non-

conflict principle.

      (4)  

This sub-paragraph applies to—

40

(a)   

a requirement to be of a particular sex;

(b)   

a requirement not to be a transsexual person;

(c)   

a requirement not to be married or a civil partner;

(d)   

a requirement not to be married to, or the civil partner of, a person

who has a living former spouse or civil partner;

45

 
 

Equality Bill
Schedule 9 — Work: exceptions
Part 1 — Occupational requirements

172

 

(e)   

a requirement relating to circumstances in which a marriage or civil

partnership came to an end;

(f)   

a requirement related to sexual orientation.

      (5)  

The application of a requirement engages the compliance principle if the

requirement is applied so as to comply with the doctrines of the religion.

5

      (6)  

The application of a requirement engages the non-conflict principle if,

because of the nature or context of the employment, the requirement is

applied so as to avoid conflicting with the strongly held religious

convictions of a significant number of the religion’s followers.

      (7)  

A reference to employment includes a reference to an appointment to a

10

personal or public office.

      (8)  

In the case of a requirement within sub-paragraph (4)(a), sub-paragraph (1)

has effect as if in paragraph (c) the words from “(or” to the end were omitted.

Other requirements relating to religion or belief

3          

A person (A) with an ethos based on religion or belief does not contravene a

15

provision mentioned in paragraph 1(2) by applying in relation to work a

requirement to be of a particular religion or belief if A shows that, having

regard to that ethos and to the nature or context of the work—

(a)   

it is an occupational requirement,

(b)   

the application of the requirement is a proportionate means of

20

achieving a legitimate aim, and

(c)   

the person to whom A applies the requirement does not meet it (or

A has reasonable grounds for not being satisfied that the person

meets it).

Armed forces

25

4     (1)  

A person does not contravene section 39(1)(a) or (c) or (2)(b) by applying in

relation to service in the armed forces a relevant requirement if the person

shows that the application is a proportionate means of ensuring the combat

effectiveness of the armed forces.

      (2)  

A relevant requirement is—

30

(a)   

a requirement to be a man;

(b)   

a requirement not to be a transsexual person.

      (3)  

This Part of this Act, so far as relating to age or disability, does not apply to

service in the armed forces; and section 55, so far as relating to disability,

does not apply to work experience in the armed forces.

35

Employment services

5     (1)  

A person (A) does not contravene section 55(1) or (2) if A shows that A’s

treatment of another person relates only to work the offer of which could be

refused to that other person in reliance on paragraph 1, 2, 3 or 4.

      (2)  

A person (A) does not contravene section 55(1) or (2) if A shows that A’s

40

treatment of another person relates only to training for work of a description

mentioned in sub-paragraph (1).

      (3)  

A person (A) does not contravene section 55(1) or (2) if A shows that—

 
 

Equality Bill
Schedule 9 — Work: exceptions
Part 2 — Exceptions relating to age

173

 

(a)   

A acted in reliance on a statement made to A by a person with the

power to offer the work in question to the effect that, by virtue of sub-

paragraph (1) or (2), A’s action would be lawful, and

(b)   

it was reasonable for A to rely on the statement.

      (4)  

A person commits an offence by knowingly or recklessly making a

5

statement such as is mentioned in sub-paragraph (3)(a) which in a material

respect is false or misleading.

      (5)  

A person guilty of an offence under sub-paragraph (4) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

Interpretation

10

6     (1)  

This paragraph applies for the purposes of this Part of this Schedule.

      (2)  

A reference to contravening a provision of this Act is a reference to

contravening that provision by virtue of section 13.

      (3)  

A reference to work is a reference to employment, contract work, a position

as a partner or as a member of an LLP, or an appointment to a personal or

15

public office.

      (4)  

A reference to a person includes a reference to an organisation.

      (5)  

A reference to section 39(2)(b), 44(2)(b), 45(2)(b), 49(6)(b) or 50(6)(b) is to be

read as a reference to that provision with the omission of the words “or for

receiving any other benefit, facility or service”.

20

      (6)  

A reference to section 39(2)(c), 44(2)(c), 45(2)(c), 49(6)(c), 50(6)(c), 53(2)(a) or

55(2)(c) (dismissal, etc.) does not include a reference to that provision so far

as relating to sex.

      (7)  

The reference to paragraph (b) of section 41(1), so far as relating to sex, is to

be construed as if that paragraph read—

25

“(b)   

by not allowing the worker to do the work.”

Part 2

Exceptions relating to age

Preliminary

7          

For the purposes of this Part of this Schedule, a reference to an age

30

contravention is a reference to a contravention of this Part of this Act, so far

as relating to age.

Retirement

8     (1)  

It is not an age contravention to dismiss a relevant worker at or over the age

of 65 if the reason for the dismissal is retirement.

35

      (2)  

Each of the following is a relevant worker—

(a)   

an employee within the meaning of section 230(1) of the

Employment Rights Act 1996;

(b)   

a person in Crown employment;

(c)   

a relevant member of the House of Commons staff;

40

 
 

 
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