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Equality Bill


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

33

 

(b)   

a person who has the power to make an appointment to a public office

within subsection (2)(a) or (b).

(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

5

effect in relation to the term, or

(b)   

if paragraph (a) does not apply, except in so far as making an offer on

terms including that term amounts to a contravention of subsection

(3)(b) by virtue of section 13, 14 or 18.

51      

Public offices: recommendations for appointments, etc.

10

(1)   

A person (A) who has the power to make a recommendation for or give

approval to an appointment to a public office within section 50(2)(a) or (b),

must not discriminate against a person (B)—

(a)   

in the arrangements A makes for deciding who to recommend for

appointment or to whose appointment to give approval;

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(b)   

by not recommending B for appointment to the office;

(c)   

by making a negative recommendation of B for appointment to the

office;

(d)   

by not giving approval to the appointment of B to the office.

(2)   

A person who has the power to make a recommendation for or give approval

20

to an appointment to a public office within section 50(2)(a) or (b) must not, in

relation to the office, harass a person seeking or being considered for the

recommendation or approval.

(3)   

A person (A) who has the power to make a recommendation for or give

approval to an appointment to a public office within section 50(2)(a) or (b),

25

must not victimise a person (B)—

(a)   

in the arrangements A makes for deciding who to recommend for

appointment or to whose appointment to give approval;

(b)   

by not recommending B for appointment to the office;

(c)   

by making a negative recommendation of B for appointment to the

30

office;

(d)   

by not giving approval to the appointment of B to the office.

(4)   

A duty to make reasonable adjustments applies to a person who has the power

to make a recommendation for or give approval to an appointment to a public

office within section 50(2)(a) or (b).

35

(5)   

A reference in this section to a person who has the power to make a

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

within section 50(2)(a) is a reference only to a relevant body which has that

power; and for that purpose “relevant body” means a body established—

(a)   

by or in pursuance of an enactment, or

40

(b)   

by a member of the executive.

52      

Interpretation and exceptions

(1)   

This section applies for the purposes of sections 49 to 51.

(2)   

“Personal office” has the meaning given in section 49.

 
 

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

34

 

(3)   

“Public office” has the meaning given in section 50.

(4)   

An office or post which is both a personal office and a public office is to be

treated as being a public office only.

(5)   

Appointment to an office or post does not include election to it.

(6)   

“Relevant person”, in relation to an office, means the person who, in relation to

5

a matter specified in the first column of the table, is specified in the second

column (but a reference to a relevant person does not in any case include the

House of Commons, the House of Lords, the National Assembly for Wales or

the Scottish Parliament).

 

Matter

Relevant person

 

10

 

A term of appointment

The person who has the power to set

 
  

the term.

 
 

Access to an opportunity

The person who has the power to

 
  

afford access to the opportunity (or, if

 
  

there is no such person, the person who

 

15

  

has the power to make the

 
  

appointment).

 
 

Terminating an appointment

The person who has the power to

 
  

terminate the appointment.

 
 

Subjecting an appointee to any

The person who has the power in

 

20

 

other detriment

relation to the matter to which the

 
  

conduct in question relates (or, if there

 
  

is no such person, the person who has

 
  

the power to make the appointment).

 
 

Harassing an appointee

The person who has the power in

 

25

  

relation to the matter to which the

 
  

conduct in question relates.

 

(7)   

A reference to termination of a person’s appointment includes a reference to

termination—

(a)   

by the expiry of a period (including a period expiring by reference to an

30

event or circumstance);

(b)   

by an act of the person (including giving notice) in circumstances such

that the person is entitled, because of the relevant person’s conduct, to

terminate the appointment without notice.

(8)   

Subsection (7)(a) does not apply if, immediately after the termination, the

35

appointment is renewed on the same terms.

(9)   

Schedule 6 (excluded offices) has effect.

Qualifications

53      

Qualifications bodies

(1)   

A qualifications body (A) must not discriminate against a person (B)—

40

 
 

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

35

 

(a)   

in the arrangements A makes for deciding upon whom to confer a

relevant qualification;

(b)   

as to the terms on which it is prepared to confer a relevant qualification

on B;

(c)   

by not conferring a relevant qualification on B.

5

(2)   

A qualifications body (A) must not discriminate against a person (B) upon

whom A has conferred a relevant qualification—

(a)   

by withdrawing the qualification from B;

(b)   

by varying the terms on which B holds the qualification;

(c)   

by subjecting B to any other detriment.

10

(3)   

A qualifications body must not, in relation to conferment by it of a relevant

qualification, harass—

(a)   

a person who holds the qualification, or

(b)   

a person who applies for it.

(4)   

A qualifications body (A) must not victimise a person (B)—

15

(a)   

in the arrangements A makes for deciding upon whom to confer a

relevant qualification;

(b)   

as to the terms on which it is prepared to confer a relevant qualification

on B;

(c)   

by not conferring a relevant qualification on B.

20

(5)   

A qualifications body (A) must not victimise a person (B) upon whom A has

conferred a relevant qualification—

(a)   

by withdrawing the qualification from B;

(b)   

by varying the terms on which B holds the qualification;

(c)   

by subjecting B to any other detriment.

25

(6)   

A duty to make reasonable adjustments applies to a qualifications body.

(7)   

The application by a qualifications body of a competence standard to a

disabled person is not disability discrimination unless it is discrimination by

virtue of section 19.

54      

Interpretation

30

(1)   

This section applies for the purposes of section 53.

(2)   

A qualifications body is an authority or body which can confer a relevant

qualification.

(3)   

A relevant qualification is an authorisation, qualification, recognition,

registration, enrolment, approval or certification which is needed for, or

35

facilitates engagement in, a particular trade or profession.

(4)   

An authority or body is not a qualifications body in so far as—

(a)   

it can confer a qualification to which section 96 applies,

(b)   

it is the responsible body of a school to which section 85 applies,

(c)   

it is the governing body of an institution to which section 91 applies,

40

(d)   

it exercises functions under the Education Acts, or

(e)   

it exercises functions under the Education (Scotland) Act 1980.

 
 

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

36

 

(5)   

A reference to conferring a relevant qualification includes a reference to

renewing or extending the conferment of a relevant qualification.

(6)   

A competence standard is an academic, medical or other standard applied for

the purpose of determining whether or not a person has a particular level of

competence or ability.

5

Employment services

55      

Employment service-providers

(1)   

A person (an “employment service-provider”) concerned with the provision of

an employment service must not discriminate against a person—

(a)   

in the arrangements the service-provider makes for selecting persons to

10

whom to provide, or to whom to offer to provide, the service;

(b)   

as to the terms on which the service-provider offers to provide the

service to the person;

(c)   

by not offering to provide the service to the person.

(2)   

An employment service-provider (A) must not, in relation to the provision of

15

an employment service, discriminate against a person (B)—

(a)   

as to the terms on which A provides the service to B;

(b)   

by not providing the service to B;

(c)   

by terminating the provision of the service to B;

(d)   

by subjecting B to any other detriment.

20

(3)   

An employment service-provider must not, in relation to the provision of an

employment service, harass—

(a)   

a person who asks the service-provider to provide the service;

(b)   

a person for whom the service-provider provides the service.

(4)   

An employment service-provider (A) must not victimise a person (B)—

25

(a)   

in the arrangements A makes for selecting persons to whom to provide,

or to whom to offer to provide, the service;

(b)   

as to the terms on which A offers to provide the service to B;

(c)   

by not offering to provide the service to B.

(5)   

An employment service-provider (A) must not, in relation to the provision of

30

an employment service, victimise a person (B)—

(a)   

as to the terms on which A provides the service to B;

(b)   

by not providing the service to B;

(c)   

by terminating the provision of the service to B;

(d)   

by subjecting B to any other detriment.

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(6)   

A duty to make reasonable adjustments applies to an employment service-

provider, except in relation to the provision of a vocational service.

(7)   

The duty imposed by section 29(7)(a) applies to a person concerned with the

provision of a vocational service; but a failure to comply with that duty in

relation to the provision of a vocational service is a contravention of this Part

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for the purposes of Part 9 (enforcement).

 
 

 
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