Change 1 Article Choose an article Title and introductory text 1 Public sector duty regarding socio-economic inequalities 2 Power to amend section 1 3 Enforcement 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 13 Direct discrimination 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 19 Indirect discrimination 19A Indirect discrimination: same disadvantage 20 Duty to make adjustments 21 Failure to comply with duty 22 Regulations 23 Comparison by reference to circumstances 24 Irrelevance of alleged discriminator's characteristics 25 References to particular strands of discrimination 26 Harassment 27 Victimisation 28 Application of this Part 29 Provision of services, etc. 30 Ships and hovercraft 31 Interpretation and exceptions 32 Application of this Part 33 Disposals, etc. 34 Permission for disposal 35 Management 36 Leasehold and commonhold premises and common parts 37 Adjustments to common parts in Scotland 38 Interpretation and exceptions 39 Employees and applicants 40 Employees and applicants: harassment 40A Employer duty to prevent sexual harassment of employees 40B Prevention of sexual harassment: power to specify “reasonable steps” 41 Contract workers 42 Identity of employer 43 Interpretation 44 Partnerships 45 Limited liability partnerships 46 Interpretation 47 Barristers 48 Advocates 49 Personal offices: appointments, etc. 50 Public offices: appointments, etc. 51 Public offices: recommendations for appointments, etc. 52 Interpretation and exceptions 53 Qualifications bodies 54 Interpretation 55 Employment service-providers 56 Interpretation 57 Trade organisations 58 Official business of members 59 Interpretation 60 Enquiries about disability and health 60A Discriminatory statements 61 Non-discrimination rule 62 Non-discrimination alterations 63 Communications 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 72 Relevant types of work 73 Maternity equality clause 74 Maternity equality clause: pay 75 Maternity equality rule 76 Exclusion of pregnancy and maternity discrimination provisions 77 Discussions about pay 78 Gender pay gap information 78A Equality action plans 79 Comparators 80 Interpretation and exceptions 81 Ships and hovercraft 82 Offshore work 83 Interpretation and exceptions 84 Application of this Chapter 85 Pupils: admission and treatment, etc. 86 Victimisation of pupils, etc. for conduct of parents, etc. 87 Application of enforcement powers under education legislation 88 Disabled pupils: accessibility 89 Interpretation and exceptions 90 Application of this Chapter 91 Students: admission and treatment, etc. 92 Further and higher education courses 93 Recreational or training facilities 94 Interpretation and exceptions 95 Application of this Chapter 96 Qualifications bodies 97 Interpretation 98 Reasonable adjustments 99 Educational charities and endowments 100 Application of this Part 101 Members and associates 102 Guests 103 Sections 101 and 102: further provision 104 Selection of candidates 105 Time-limited provision 107 Interpretation and exceptions 108 Relationships that have ended 109 Liability of employers and principals 110 Liability of employees and agents 111 Instructing, causing or inducing contraventions 112 Aiding contraventions 113 Proceedings 114 Jurisdiction 115 Immigration cases 116 Education cases 117 National security 118 Time limits 119 Remedies 120 Jurisdiction 121 Armed forces cases 122 References by court to tribunal, etc. 123 Time limits 124 Remedies: general 124A Remedies: compensation uplift in sexual harassment cases 125 Remedies: national security 126 Remedies: occupational pension schemes 127 Jurisdiction 128 References by court to tribunal, etc. 129 Time limits 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 Supplementary 136 Burden of proof 137 Previous findings 138 Obtaining information, etc. 139 Interest 139A Equal pay audits 140 Conduct giving rise to separate proceedings 140A Extension of time limits because of mediation in certain cross-border disputes 140AA Extension of time limits because of alternative dispute resolution in certain consumer contract disputes 140B Extension of time limits to facilitate conciliation before institution of proceedings 141 Interpretation, etc. 142 Unenforceable terms 143 Removal or modification of unenforceable terms 144 Contracting out 145 Void and unenforceable terms 146 Declaration in respect of void term, etc. 147 Meaning of “qualifying settlement agreement” 148 Interpretation 149 Public sector equality duty 150 Public authorities and public functions 151 Power to specify public authorities 152 Power to specify public authorities: consultation ... 153 Power to impose specific duties 154 Power to impose specific duties: cross-border authorities 155 Power to impose specific duties: supplementary 156 Enforcement 157 Interpretation 158 Positive action: general 159 Positive action: recruitment and promotion 161 Control of numbers of licensed taxis: exception 164A Disabled passengers: duties of drivers 165 Disabled passengers in wheelchairs: duties of drivers of designated vehicles 165A Disabled passengers: assistance to identify and find vehicle 166 Disabled passengers: exemption certificates 167 Lists of wheelchair-accessible vehicles 167A Disabled passengers: duties of operators of private hire vehicles 168 Assistance dogs in taxis 169 Assistance dogs in taxis: exemption certificates 170 Assistance dogs in private hire vehicles 171 Assistance dogs in private hire vehicles: exemption certificates 172 Appeals 173 Interpretation 174 PSV accessibility regulations 175 Offence of contravening PSV accessibility regulations 176 Accessibility certificates 177 Approval certificates 178 Special authorisations 179 Reviews and appeals 180 Fees 181 Interpretation 181A Information for bus passengers 181B Exemptions etc 181C Guidance 181D Interpretation 182 Rail vehicle accessibility regulations 183 Exemptions from rail vehicle accessibility regulations 184 Procedure for making exemption orders 185 Annual report on exemption orders 186 Rail vehicle accessibility: compliance 187 Interpretation 188 Forgery, etc. 189 Reasonable adjustments 190 Improvements to let dwelling houses 191 Statutory provisions 192 National security 193 Charities 194 Charities: supplementary 195 Sport 196 General 197 Age 202 Civil partnerships on religious premises 203 Harmonisation 204 Harmonisation: procedure 205 Crown application 206 Information society services 207 Exercise of power 208 Ministers of the Crown, etc. 209 The Welsh Ministers 210 The Scottish Ministers 211 Amendments, repeals and revocations 212 General interpretation 213 References to maternity leave, etc. 214 Index of defined expressions 215 Money 216 Commencement 217 Extent 218 Short title SCHEDULE 1 Disability: supplementary provision SCHEDULE 2 Services and public functions: reasonable adjustments SCHEDULE 3 Services and public functions: exceptions SCHEDULE 4 Premises: reasonable adjustments SCHEDULE 5 Premises: exceptions SCHEDULE 6 Office-holders: excluded offices SCHEDULE 7 Equality of terms: exceptions SCHEDULE 8 Work: reasonable adjustments SCHEDULE 9 Work: exceptions SCHEDULE 10 Accessibility for disabled pupils SCHEDULE 11 Schools: exceptions SCHEDULE 12 Further and higher education exceptions SCHEDULE 13 Education: reasonable adjustments SCHEDULE 14 Educational charities and endowments SCHEDULE 15 Associations: reasonable adjustments SCHEDULE 16 Associations: exceptions SCHEDULE 17 Disabled pupils: enforcement SCHEDULE 18 Public sector equality duty: exceptions SCHEDULE 19 Public authorities SCHEDULE 20 SCHEDULE 21 Reasonable adjustments: supplementary SCHEDULE 22 Statutory provisions SCHEDULE 23 General exceptions SCHEDULE 25 Information society services SCHEDULE 26 Amendments SCHEDULE 27 Repeals and revocations SCHEDULE 28 Index of defined expressions
What to do with it
As published
128 References by court to tribunal, etc.
(1) If it appears to a court in which proceedings are pending that a claim or counter-claim relating to an equality clause or rule could more conveniently be determined by an employment tribunal, the court may strike out the claim or counter-claim.
(2) If in proceedings before a court a question arises about an equality clause or rule, the court may (whether or not on an application by a party to the proceedings)—
(a) refer the question, or direct that it be referred by a party to the proceedings, to an employment tribunal for determination, and
(b) stay or sist the proceedings in the meantime.
Your wording
Your change, as a redline
128 References by court to tribunal, etc.
(1) If it appears to a court in which proceedings are pending that a claim or counter-claim relating to an equality clause or rule could more conveniently be determined by an employment tribunal, the court may strike out the claim or counter-claim.
(2) If in proceedings before a court a question arises about an equality clause or rule, the court may (whether or not on an application by a party to the proceedings)—
(a) refer the question, or direct that it be referred by a party to the proceedings, to an employment tribunal for determination, and
(b) stay or sist the proceedings in the meantime.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.