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.
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
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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),
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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).
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(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
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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
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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)—
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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.
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(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)—
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(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.
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(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.
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(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
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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,
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(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.
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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
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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
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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.
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(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)—
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(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
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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
40
for the purposes of Part 9 (enforcement).