Equality Bill
[AS AMENDED ON REPORT]
Contents
Part 1
Socio-economic inequalities
1
Public sector duty regarding socio-economic inequalities
2
Power to amend section 1
3
Enforcement
Part 2
Equality: key concepts
Chapter 1
Protected characteristics
4
The protected characteristics
5
Age
6
Disability
7
Gender reassignment
8
Marriage and civil partnership
9
Race
10
Religion or belief
11
Sex
12
Sexual orientation
Chapter 2
Prohibited conduct
Discrimination
13
Direct discrimination
14
Combined discrimination: dual characteristics
15
Discrimination arising from disability
16
Gender reassignment discrimination: cases of absence from work
17
Pregnancy and maternity discrimination: non-work cases
18
Pregnancy and maternity discrimination: work cases
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ii
19
Indirect discrimination
Adjustments for disabled persons
20
Duty to make adjustments
21
Failure to comply with duty
22
Regulations
Discrimination: supplementary
23
Comparison by reference to circumstances
24
Irrelevance of alleged discriminator’s characteristics
25
References to particular strands of discrimination
Other prohibited conduct
26
Harassment
27
Victimisation
Part 3
Services and public functions
Preliminary
28
Application of this Part
Provision of services, etc.
29
Supplementary
30
Ships and hovercraft
31
Interpretation and exceptions
Part 4
Premises
32
Disposal and management
33
Disposals, etc.
34
Permission for disposal
35
Management
Reasonable adjustments
36
Leasehold and commonhold premises and common parts
37
Adjustments to common parts in Scotland
iii
38
Part 5
Work
Employment, etc.
Employees
39
Employees and applicants
40
Employees and applicants: harassment
41
Contract workers
Police officers
42
Identity of employer
43
Interpretation
Partners
44
Partnerships
45
Limited liability partnerships
46
The Bar
47
Barristers
48
Advocates
Office-holders
49
Personal offices: appointments, etc.
50
Public offices: appointments, etc.
51
Public offices: recommendations for appointments, etc.
52
Qualifications
53
Qualifications bodies
54
Employment services
55
Employment service-providers
56
Trade organisations
57
iv
Local authority members
58
Official business of members
59
Recruitment
60
Enquiries about disability and health
Occupational pension schemes
61
Non-discrimination rule
62
Non-discrimination alterations
63
Communications
Chapter 3
Equality of terms
Sex equality
64
Relevant types of work
65
Equal work
66
Sex equality clause
67
Sex equality rule
68
Sex equality rule: consequential alteration of schemes
69
Defence of material factor
70
Exclusion of sex discrimination provisions
71
Sex discrimination in relation to contractual pay
Pregnancy and maternity equality
72
73
Maternity equality clause
74
Maternity equality clause: pay
75
Maternity equality rule
76
Exclusion of pregnancy and maternity discrimination provisions
Disclosure of information
77
Discussions about pay
78
Gender pay gap information
79
Comparators
80
Chapter 4
81
v
82
Offshore work
83
Part 6
Education
Schools
84
Application of this Chapter
85
Pupils: admission and treatment, etc.
86
Victimisation of pupils, etc. for conduct of parents, etc.
87
Application of certain powers under Education Act 1996
88
Disabled pupils: accessibility
89
Further and higher education
90
91
Students: admission and treatment, etc.
92
Further and higher education courses
93
Recreational or training facilities
94
General qualifications bodies
95
96
97
Miscellaneous
98
99
Educational charities and endowments
Part 7
Associations
100
Membership, etc.
101
Members and associates
vi
102
Guests
103
Sections 101 and 102: further provision
Special provision for political parties
104
Selection of candidates
105
Time-limited provision
106
Information about diversity in range of candidates etc.
107
Part 8
Prohibited conduct: ancillary
108
Relationships that have ended
109
Liability of employers and principals
110
Liability of employees and agents
111
Instructing, causing or inducing discrimination
112
Aiding contraventions
Part 9
Introductory
113
Proceedings
Civil courts
114
Jurisdiction
115
Immigration cases
116
Education cases
117
National security
118
Time limits
119
Remedies
Employment tribunals
120
121
Jurisdiction in armed forces cases
122
References by court to tribunal, etc.
123
124
Remedies: general
125
Remedies: national security
vii
126
Remedies: occupational pension schemes
127
128
129
130
Section 129: supplementary
131
Assessment of whether work is of equal value
132
Remedies in non-pensions cases
133
Remedies in pensions cases
134
Remedies in claims for arrears brought by pensioner members
135
Chapter 5
136
Burden of proof
137
Previous findings
138
Obtaining information, etc.
139
Interest
140
Conduct giving rise to separate proceedings
141
Interpretation, etc.
Part 10
Contracts, etc.
Contracts and other agreements
142
Unenforceable terms
143
Removal or modification of unenforceable terms
144
Contracting out
Collective agreements and rules of undertakings
145
Void and unenforceable terms
146
Declaration in respect of void term, etc.
147
Meaning of “qualifying compromise contract”
148