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Equality Bill


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

37

 

56      

Interpretation

(1)   

This section applies for the purposes of section 55.

(2)   

The provision of an employment service includes—

(a)   

the provision of vocational training;

(b)   

the provision of vocational guidance;

5

(c)   

making arrangements for the provision of vocational training or

vocational guidance;

(d)   

the provision of a service for finding employment for persons;

(e)   

the provision of a service for supplying employers with persons to do

work;

10

(f)   

the provision of a service in pursuance of arrangements made under

section 2 of the Employment and Training Act 1973 (functions of the

Secretary of State relating to employment);

(g)   

the provision of a service in pursuance of arrangements made or a

direction given under section 10 of that Act (careers services);

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(h)   

the exercise of a function in pursuance of arrangements made under

section 2(3) of the Enterprise and New Towns (Scotland) Act 1990

(functions of Scottish Enterprise, etc. relating to employment);

(i)   

an assessment related to the conferment of a relevant qualification

within the meaning of section 53 above (except in so far as the

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assessment is by the qualifications body which confers the

qualification).

(3)   

This section does not apply in relation to training or guidance in so far as it is

training or guidance in relation to which another provision of this Part applies.

(4)   

This section does not apply in relation to training or guidance for pupils of a

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school to which section 85 applies in so far as it is training or guidance to which

the responsible body of the school has power to afford access (whether as the

responsible body of that school or as the responsible body of any other school

at which the training or guidance is provided).

(5)   

This section does not apply in relation to training or guidance for students of

30

an institution to which section 91 applies in so far as it is training or guidance

to which the governing body of the institution has power to afford access.

(6)   

“Vocational training” means—

(a)   

training for employment, or

(b)   

work experience (including work experience the duration of which is

35

not agreed until after it begins).

(7)   

A reference to the provision of a vocational service is a reference to the

provision of an employment service within subsection (2)(a) to (d) (or an

employment service within subsection (2)(f) or (g) in so far as it is also an

employment service within subsection (2)(a) to (d)); and for that purpose—

40

(a)   

the references to an employment service within subsection (2)(a) do not

include a reference to vocational training within the meaning given by

subsection (6)(b), and

(b)   

the references to an employment service within subsection (2)(d) also

include a reference to a service for assisting persons to retain

45

employment.

(8)   

A reference to training includes a reference to facilities for training.

 
 

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

38

 

Trade organisations

57      

Trade organisations

(1)   

A trade organisation (A) must not discriminate against a person (B)—

(a)   

in the arrangements A makes for deciding to whom to offer

membership of the organisation;

5

(b)   

as to the terms on which it is prepared to admit B as a member;

(c)   

by not accepting B’s application for membership.

(2)   

A trade organisation (A) must not discriminate against a member (B)—

(a)   

in the way it affords B access, or by not affording B access, to

opportunities for receiving a benefit, facility or service;

10

(b)   

by depriving B of membership;

(c)   

by varying the terms on which B is a member;

(d)   

by subjecting B to any other detriment.

(3)   

A trade organisation must not, in relation to membership of it, harass—

(a)   

a member, or

15

(b)   

an applicant for membership.

(4)   

A trade organisation (A) must not victimise a person (B)—

(a)   

in the arrangements A makes for deciding to whom to offer

membership of the organisation;

(b)   

as to the terms on which it is prepared to admit B as a member;

20

(c)   

by not accepting B’s application for membership.

(5)   

A trade organisation (A) must not victimise a member (B)—

(a)   

in the way it affords B access, or by not affording B access, to

opportunities for receiving a benefit, facility or service;

(b)   

by depriving B of membership;

25

(c)   

by varying the terms on which B is a member;

(d)   

by subjecting B to any other detriment.

(6)   

A duty to make reasonable adjustments applies to a trade organisation.

(7)   

A trade organisation is—

(a)   

an organisation of workers,

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(b)   

an organisation of employers, or

(c)   

any other organisation whose members carry on a particular trade or

profession for the purposes of which the organisation exists.

Local authority members

58      

Official business of members

35

(1)   

A local authority must not discriminate against a member of the authority in

relation to the member’s carrying out of official business—

(a)   

in the way the authority affords the member access, or by not affording

the member access, to opportunities for training or for receiving any

other facility;

40

(b)   

by subjecting the member to any other detriment.

 
 

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

39

 

(2)   

A local authority must not, in relation to a member’s carrying-out of official

business, harass the member.

(3)   

A local authority must not victimise a member of the authority in relation to

the member’s carrying out of official business—

(a)   

in the way the authority affords the member access, or by not affording

5

the member access, to opportunities for training or for receiving any

other facility;

(b)   

by subjecting the member to any other detriment.

(4)   

A member of a local authority is not subjected to a detriment for the purposes

of subsection (1)(b) or (3)(b) only because the member is—

10

(a)   

not appointed or elected to an office of the authority,

(b)   

not appointed or elected to, or to an office of, a committee or sub-

committee of the authority, or

(c)   

not appointed or nominated in exercise of an appointment power of the

authority.

15

(5)   

In subsection (4)(c), an appointment power of a local authority is a power of the

authority, or of a group of bodies including the authority, to make—

(a)   

appointments to a body;

(b)   

nominations for appointment to a body.

(6)   

A duty to make reasonable adjustments applies to a local authority.

20

59      

Interpretation

(1)   

This section applies for the purposes of section 58.

(2)   

“Local authority” means—

(a)   

a county council in England;

(b)   

a district council in England;

25

(c)   

the Greater London Authority;

(d)   

a London borough council;

(e)   

the Common Council of the City of London;

(f)   

the Council of the Isles of Scilly;

(g)   

a parish council in England;

30

(h)   

a county council in Wales;

(i)   

a community council in Wales;

(j)   

a county borough council in Wales;

(k)   

a council constituted under section 2 of the Local Government etc.

(Scotland) Act 1994;

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(l)   

a community council in Scotland.

(3)   

A Minister of the Crown may by order amend subsection (2) so as to add, vary

or omit a reference to a body which exercises functions that have been

conferred on a local authority within paragraph (a) to (l).

(4)   

A reference to the carrying-out of official business by a person who is a

40

member of a local authority is a reference to the doing of anything by the

person—

(a)   

as a member of the authority,

 
 

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

40

 

(b)   

as a member of a body to which the person is appointed by, or

appointed following nomination by, the authority or a group of bodies

including the authority, or

(c)   

as a member of any other public body.

(5)   

“Member”, in relation to the Greater London Authority, means—

5

(a)   

the Mayor of London;

(b)   

a member of the London Assembly.

Recruitment

60      

Enquiries about disability and health

(1)   

A person (A) to whom an application for work is made must not ask about the

10

health of the applicant (B)—

(a)   

before offering work to B, or

(b)   

where A is not in a position to offer work to B, before including B in a

pool of applicants from whom A intends (when in a position to do so)

to select a person to whom to offer work.

15

(2)   

A contravention of subsection (1) (or a contravention of section 111 or 112 that

relates to a contravention of subsection (1)) is enforceable as an unlawful act

under Part 1 of the Equality Act 2006 (and, by virtue of section 120(8), is

enforceable only by the Commission under that Part).

(3)   

A does not contravene a relevant disability provision merely by asking about

20

B’s health; but A’s conduct in reliance on information given in response may

be a contravention of a relevant disability provision.

(4)   

Subsection (5) applies if B brings proceedings before an employment tribunal

on a complaint that A’s conduct in reliance on information given in response

to a question about B’s health is a contravention of a relevant disability

25

provision.

(5)   

In the application of section 136 to the proceedings, the particulars of the

complaint are to be treated for the purposes of subsection (2) of that section as

facts from which the tribunal could decide that A contravened the provision.

(6)   

This section does not apply to a question that A asks in so far as asking the

30

question is necessary for the purpose of—

(a)   

establishing whether B will be able to comply with a requirement to

undergo an assessment or establishing whether a duty to make

reasonable adjustments is or will be imposed on A in relation to B in

connection with a requirement to undergo an assessment,

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(b)   

establishing whether B will be able to carry out a function that is

intrinsic to the work concerned,

(c)   

monitoring diversity in the range of persons applying to A for work,

(d)   

taking action to which section 158 would apply if references in that

section to persons who share (or do not share) a protected characteristic

40

were references to disabled persons (or persons who are not disabled)

and the reference to the characteristic were a reference to disability, or

(e)   

if A applies in relation to the work a requirement to have a particular

disability, establishing whether B has that disability.

 
 

Equality Bill
Part 5 — Work
Chapter 2 — Occupational pension schemes

41

 

(7)   

In subsection (6)(b), where A reasonably believes that a duty to make

reasonable adjustments would be imposed on A in relation to B in connection

with the work, the reference to a function that is intrinsic to the work is to be

read as a reference to a function that would be intrinsic to the work once A

complied with the duty.

5

(8)   

Subsection (6)(e) applies only if A shows that, having regard to the nature or

context of the work—

(a)   

the requirement is an occupational requirement, and

(b)   

the application of the requirement is a proportionate means of

achieving a legitimate aim.

10

(9)   

“Work” means employment, contract work, a position as a partner, a position

as a member of an LLP, a pupillage or tenancy, being taken as a devil,

membership of a stable, an appointment to a personal or public office, or the

provision of an employment service; and the references in subsection (1) to

offering a person work are, in relation to contract work, to be read as references

15

to allowing a person to do the work.

(10)   

A reference to offering work is a reference to making a conditional or

unconditional offer of work (and, in relation to contract work, is a reference to

allowing a person to do the work subject to fulfilment of one or more

conditions).

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(11)   

The following, so far as relating to discrimination within section 13 because of

disability, are relevant disability provisions—

(a)   

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

(b)   

section 41(1)(b);

(c)   

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

25

(d)   

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

(e)   

section 47(1)(a) or (c);

(f)   

section 48(1)(a) or (c);

(g)   

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

(h)   

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

30

(i)   

section 51(1);

(j)   

section 55(1)(a) or (c).

(12)   

An assessment is an interview or other process designed to give an indication

of a person’s suitability for the work concerned.

(13)   

For the purposes of this section, whether or not a person has a disability is to

35

be regarded as an aspect of that person’s health.

(14)   

This section does not apply to anything done for the purpose of vetting

applicants for work for reasons of national security.

Chapter 2

Occupational pension schemes

40

61      

Non-discrimination rule

(1)   

An occupational pension scheme must be taken to include a non-

discrimination rule.

 
 

Equality Bill
Part 5 — Work
Chapter 2 — Occupational pension schemes

42

 

(2)   

A non-discrimination rule is a provision by virtue of which a responsible

person (A)—

(a)   

must not discriminate against another person (B) in carrying out any of

A’s functions in relation to the scheme;

(b)   

must not, in relation to the scheme, harass B;

5

(c)   

must not, in relation to the scheme, victimise B.

(3)   

The provisions of an occupational pension scheme have effect subject to the

non-discrimination rule.

(4)   

The following are responsible persons—

(a)   

the trustees or managers of the scheme;

10

(b)   

an employer whose employees are, or may be, members of the scheme;

(c)   

a person exercising an appointing function in relation to an office the

holder of which is, or may be, a member of the scheme.

(5)   

A non-discrimination rule does not apply in relation to a person who is a

pension credit member of a scheme.

15

(6)   

An appointing function is any of the following—

(a)   

the function of appointing a person;

(b)   

the function of terminating a person’s appointment;

(c)   

the function of recommending a person for appointment;

(d)   

the function of approving an appointment.

20

(7)   

A breach of a non-discrimination rule is a contravention of this Part for the

purposes of Part 9 (enforcement).

(8)   

It is not a breach of a non-discrimination rule for the employer or the trustees

or managers of a scheme to maintain or use in relation to the scheme rules,

practices, actions or decisions relating to age which are of a description

25

specified by order.

(9)   

An order authorising the use of rules, practices, actions or decisions which are

not in use before the order comes into force must not be made unless the

Minister consults such persons as the Minister thinks appropriate.

(10)   

A non-discrimination rule does not have effect in relation to an occupational

30

pension scheme in so far as an equality rule has effect in relation to it (or would

have effect in relation to it but for Part 2 of Schedule 7).

(11)   

A duty to make reasonable adjustments applies to a responsible person.

62      

Non-discrimination alterations

(1)   

This section applies if the trustees or managers of an occupational pension

35

scheme do not have power to make non-discrimination alterations to the

scheme.

(2)   

This section also applies if the trustees or managers of an occupational pension

scheme have power to make non-discrimination alterations to the scheme but

the procedure for doing so—

40

(a)   

is liable to be unduly complex or protracted, or

(b)   

involves obtaining consents which cannot be obtained or which can be

obtained only with undue delay or difficulty.

 
 

Equality Bill
Part 5 — Work
Chapter 3 — Equality of terms

43

 

(3)   

The trustees or managers may by resolution make non-discrimination

alterations to the scheme.

(4)   

Non-discrimination alterations may have effect in relation to a period before

the date on which they are made.

(5)   

Non-discrimination alterations to an occupational pension scheme are such

5

alterations to the scheme as may be required for the provisions of the scheme

to have the effect that they have in consequence of section 61(3).

63      

Communications

(1)   

In their application to communications the following provisions apply in

relation to a disabled person who is a pension credit member of an

10

occupational pension scheme as they apply in relation to a disabled person

who is a deferred member or pensioner member of the scheme—

(a)   

section 61;

(b)   

section 120;

(c)   

section 126;

15

(d)   

paragraph 19 of Schedule 8 (and such other provisions of that Schedule

as apply for the purposes of that paragraph).

(2)   

Communications include—

(a)   

the provision of information;

(b)   

the operation of a dispute resolution procedure.

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Chapter 3

Equality of terms

Sex equality

64      

Relevant types of work

(1)   

Sections 66 to 70 apply where—

25

(a)   

a person (A) is employed on work that is equal to the work that a

comparator of the opposite sex (B) does;

(b)   

a person (A) holding a personal or public office does work that is equal

to the work that a comparator (B) of the opposite sex does.

(2)   

The references in subsection (1) to the work that B does are not restricted to

30

work done contemporaneously with the work done by A.

65      

Equal work

(1)   

For the purposes of this Chapter, A’s work is equal to that of B if it is—

(a)   

like B’s work,

(b)   

rated as equivalent to B’s work, or

35

(c)   

of equal value to B’s work.

(2)   

A’s work is like B’s work if—

(a)   

A’s work and B’s work are the same or broadly similar, and

 
 

 
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