Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
26

(a)
in the arrangements it makes for deciding to whom to offer a position
as a partner;
(b)
as to the terms on which it offers the person a position as a partner;
(c)
by not offering the person a position as a partner.
(2)
A firm (A) must not discriminate against a partner (B)—
5
(a)
as to the terms on which B is a partner;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c)
by expelling B;
10
(d)
by subjecting B to any other detriment.
(3)
A firm must not, in relation to a position as a partner, harass—
(a)
a partner;
(b)
a person who has applied for the position.
(4)
A proposed firm must not, in relation to a position as a partner, harass a person
15
who has applied for the position.
(5)
A firm or proposed firm must not victimise a person—
(a)
in the arrangements it makes for deciding to whom to offer a position
as a partner;
(b)
as to the terms on which it offers the person a position as a partner;
20
(c)
by not offering the person a position as a partner.
(6)
A firm (A) must not victimise a partner (B)—
(a)
as to the terms on which B is a partner;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
25
other benefit, facility or service;
(c)
by expelling B;
(d)
by subjecting B to any other detriment.
(7)
A duty to make reasonable adjustments applies to—
(a)
a firm;
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(b)
a proposed firm.
(8)
In the application of this section to a limited partnership within the meaning of
the Limited Partnerships Act 1907, “partner” means a general partner within
the meaning of that Act.
45
Limited liability partnerships
35
(1)
An LLP or proposed LLP must not discriminate against a person—
(a)
in the arrangements it makes for deciding to whom to offer a position
as a member;
(b)
as to the terms on which it offers the person a position as a member;
(c)
by not offering the person a position as a member.
40
(2)
An LLP (A) must not discriminate against a member (B)—
(a)
as to the terms on which B is a member;

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.
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(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c)
by expelling B;
(d)
by subjecting B to any other detriment.
5
(3)
An LLP must not, in relation to a position as a member, harass—
(a)
a member;
(b)
a person who has applied for the position.
(4)
A proposed LLP must not, in relation to a position as a member, harass a
person who has applied for the position.
10
(5)
An LLP or proposed LLP must not victimise a person—
(a)
in the arrangements it makes for deciding to whom to offer a position
as a member;
(b)
as to the terms on which it offers the person a position as a member;
(c)
by not offering the person a position as a member.
15
(6)
An LLP (A) must not victimise a member (B)—
(a)
as to the terms on which B is a member;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
20
(c)
by expelling B;
(d)
by subjecting B to any other detriment.
(7)
A duty to make reasonable adjustments applies to—
(a)
an LLP;
(b)
a proposed LLP.
25
46
Interpretation
(1)
This section applies for the purposes of sections 44 and 45.
(2)
“Partnership” and “firm” have the same meaning as in the Partnership Act
1890.
(3)
“Proposed firm” means persons proposing to form themselves into a
30
partnership.
(4)
“LLP” means a limited liability partnership (within the meaning of the Limited
Liability Partnerships Act 2000).
(5)
“Proposed LLP” means persons proposing to incorporate an LLP with
themselves as members.
35
(6)
A reference to the expulsion of a partner of a firm or a member of an LLP
includes a reference to the termination of the person’s position as such—
(a)
by the expiry of a period (including a period expiring by reference to an
event or circumstance);
(b)
by an act of the person (including giving notice) in circumstances such
40
that the person is entitled, because of the conduct of other partners or
members, to terminate the position without notice;
(c)
(in the case of a partner of a firm) as a result of the dissolution of the
partnership.

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Part 5 — Work
Chapter 1 — Employment, etc.
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(7)
Subsection (6)(a) and (c) does not apply if, immediately after the termination,
the position is renewed on the same terms.
The Bar
47
Barristers
(1)
A barrister (A) must not discriminate against a person (B)—
5
(a)
in the arrangements A makes for deciding to whom to offer a pupillage
or tenancy;
(b)
as to the terms on which A offers B a pupillage or tenancy;
(c)
by not offering B a pupillage or tenancy.
(2)
A barrister (A) must not discriminate against a person (B) who is a pupil or
10
tenant—
(a)
as to the terms on which B is a pupil or tenant;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for training or gaining experience or for receiving any
other benefit, facility or service;
15
(c)
by terminating the pupillage;
(d)
by subjecting B to pressure to leave chambers;
(e)
by subjecting B to any other detriment.
(3)
A barrister must not, in relation to a pupillage or tenancy, harass—
(a)
the pupil or tenant;
20
(b)
a person who has applied for the pupillage or tenancy.
(4)
A barrister (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer a pupillage
or tenancy;
(b)
as to the terms on which A offers B a pupillage or tenancy;
25
(c)
by not offering B a pupillage or tenancy.
(5)
A barrister (A) must not victimise a person (B) who is a pupil or tenant—
(a)
as to the terms on which B is a pupil or tenant;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for training or gaining experience or for receiving any
30
other benefit, facility or service;
(c)
by terminating the pupillage;
(d)
by subjecting B to pressure to leave chambers;
(e)
by subjecting B to any other detriment.
(6)
A person must not, in relation to instructing a barrister—
35
(a)
discriminate against a barrister by subjecting the barrister to a
detriment;
(b)
harass the barrister;
(c)
victimise the barrister.
(7)
A duty to make reasonable adjustments applies to a barrister.
40
(8)
The preceding provisions of this section (apart from subsection (6)) apply in
relation to a barrister’s clerk as they apply in relation to a barrister; and for that

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Part 5 — Work
Chapter 1 — Employment, etc.
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purpose the reference to a barrister’s clerk includes a reference to a person who
carries out the functions of a barrister’s clerk.
(9)
A reference to a tenant includes a reference to a barrister who is permitted to
work in chambers (including as a squatter or door tenant); and a reference to a
tenancy is to be construed accordingly.
5
48
Advocates
(1)
An advocate (A) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding who to take as A’s devil or
to whom to offer membership of a stable;
(b)
as to the terms on which A offers to take B as A’s devil or offers B
10
membership of a stable;
(c)
by not offering to take B as A’s devil or not offering B membership of a
stable.
(2)
An advocate (A) must not discriminate against a person (B) who is a devil or a
member of a stable—
15
(a)
as to the terms on which B is a devil or a member of the stable;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for training or gaining experience or for receiving any
other benefit, facility or service;
(c)
by terminating A’s relationship with B (where B is a devil);
20
(d)
by subjecting B to pressure to leave the stable;
(e)
by subjecting B to any other detriment.
(3)
An advocate must not, in relation to a relationship with a devil or membership
of a stable, harass—
(a)
a devil or member;
25
(b)
a person who has applied to be taken as the advocate’s devil or to
become a member of the stable.
(4)
An advocate (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding who to take as A’s devil or
to whom to offer membership of a stable;
30
(b)
as to the terms on which A offers to take B as A’s devil or offers B
membership of a stable;
(c)
by not offering to take B as A’s devil or not offering B membership of a
stable.
(5)
An advocate (A) must not victimise a person (B) who is a devil or a member of
35
a stable—
(a)
as to the terms on which B is a devil or a member of the stable;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for training or gaining experience or for receiving any
other benefit, facility or service;
40
(c)
by terminating A’s relationship with B (where B is a devil);
(d)
by subjecting B to pressure to leave the stable;
(e)
by subjecting B to any other detriment.
(6)
A person must not, in relation to instructing an advocate—
(a)
discriminate against the advocate by subjecting the advocate to a
45
detriment;

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Part 5 — Work
Chapter 1 — Employment, etc.
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(b)
harass the advocate;
(c)
victimise the advocate.
(7)
A duty to make reasonable adjustments applies to an advocate.
(8)
This section (apart from subsection (6)) applies in relation to an advocate’s
clerk as it applies in relation to an advocate; and for that purpose the reference
5
to an advocate’s clerk includes a reference to a person who carries out the
functions of an advocate’s clerk.
(9)
“Advocate” means a practising member of the Faculty of Advocates.
Office-holders
49
Personal offices: appointments, etc.
10
(1)
This section applies in relation to personal offices.
(2)
A personal office is an office or post—
(a)
to which a person is appointed to discharge a function personally
under the direction of another person, and
(b)
in respect of which an appointed person is entitled to remuneration.
15
(3)
A person (A) who has the power to make an appointment to a personal office
must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer the
appointment;
(b)
as to the terms on which A offers B the appointment;
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(c)
by not offering B the appointment.
(4)
A person who has the power to make an appointment to a personal office must
not, in relation to the office, harass a person seeking, or being considered for,
the appointment.
(5)
A person (A) who has the power to make an appointment to a personal office
25
must not victimise a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer the
appointment;
(b)
as to the terms on which A offers B the appointment;
(c)
by not offering B the appointment.
30
(6)
A person (A) who is a relevant person in relation to a personal office must not
discriminate against a person (B) appointed to the office—
(a)
as to the terms of B’s appointment;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
35
other benefit, facility or service;
(c)
by terminating B’s appointment;
(d)
by subjecting B to any other detriment.
(7)
A relevant person in relation to a personal office must not, in relation to that
office, harass a person appointed to it.
40
(8)
A person (A) who is a relevant person in relation to a personal office must not
victimise a person (B) appointed to the office—

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Part 5 — Work
Chapter 1 — Employment, etc.
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(a)
as to the terms of B’s appointment;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c)
by terminating B’s appointment;
5
(d)
by subjecting B to any other detriment.
(9)
A duty to make reasonable adjustments applies to—
(a)
a person who has the power to make an appointment to a personal
office;
(b)
a relevant person in relation to a personal office.
10
(10)
For the purposes of subsection (2)(a), a person is to be regarded as discharging
functions personally under the direction of another person if that other person
is entitled to direct the person as to when and where to discharge the functions.
(11)
For the purposes of subsection (2)(b), a person is not to be regarded as entitled
to remuneration merely because the person is entitled to payments—
15
(a)
in respect of expenses incurred by the person in discharging the
functions of the office or post, or
(b)
by way of compensation for the loss of income or benefits the person
would or might have received had the person not been discharging the
functions of the office or post.
20
(12)
Subsection (3)(b), so far as relating to sex or pregnancy and maternity, does not
apply to a term that relates to pay—
(a)
unless, were B to accept the offer, an equality clause or rule would have
effect in relation to the term, or
(b)
if paragraph (a) does not apply, except in so far as making an offer on
25
terms including that term amounts to a contravention of subsection
(3)(b) by virtue of section 13, 14 or 18.
50
Public offices: appointments, etc.
(1)
This section and section 51 apply in relation to public offices.
(2)
A public office is—
30
(a)
an office or post, appointment to which is made by a member of the
executive;
(b)
an office or post, appointment to which is made on the
recommendation of, or subject to the approval of, a member of the
executive;
35
(c)
an office or post, appointment to which is made on the
recommendation of, or subject to the approval of, the House of
Commons, the House of Lords, the National Assembly for Wales or the
Scottish Parliament.
(3)
A person (A) who has the power to make an appointment to a public office
40
within subsection (2)(a) or (b) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding to whom to offer the
appointment;
(b)
as to the terms on which A offers B the appointment;
(c)
by not offering B the appointment.
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Chapter 1 — Employment, etc.
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(4)
A person who has the power to make an appointment to a public office within
subsection (2)(a) or (b) must not, in relation to the office, harass a person
seeking, or being considered for, the appointment.
(5)
A person (A) who has the power to make an appointment to a public office
within subsection (2)(a) or (b) must not victimise a person (B)—
5
(a)
in the arrangements A makes for deciding to whom to offer the
appointment;
(b)
as to the terms on which A offers B the appointment;
(c)
by not offering B the appointment.
(6)
A person (A) who is a relevant person in relation to a public office within
10
subsection (2)(a) or (b) must not discriminate against a person (B) appointed to
the office—
(a)
as to B’s terms of appointment;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
15
other benefit, facility or service;
(c)
by terminating the appointment;
(d)
by subjecting B to any other detriment.
(7)
A person (A) who is a relevant person in relation to a public office within
subsection (2)(c) must not discriminate against a person (B) appointed to the
20
office—
(a)
as to B’s terms of appointment;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
25
(c)
by subjecting B to any other detriment (other than by terminating the
appointment).
(8)
A relevant person in relation to a public office must not, in relation to that
office, harass a person appointed to it.
(9)
A person (A) who is a relevant person in relation to a public office within
30
subsection (2)(a) or (b) must not victimise a person (B) appointed to the office—
(a)
as to B’s terms of appointment;
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
35
(c)
by terminating the appointment;
(d)
by subjecting B to any other detriment.
(10)
A person (A) who is a relevant person in relation to a public office within
subsection (2)(c) must not victimise a person (B) appointed to the office—
(a)
as to B’s terms of appointment;
40
(b)
in the way A affords B access, or by not affording B access, to
opportunities for promotion, transfer or training or for receiving any
other benefit, facility or service;
(c)
by subjecting B to any other detriment (other than by terminating the
appointment).
45
(11)
A duty to make reasonable adjustments applies to—
(a)
a relevant person in relation to a public office;