(1) A term of a person's work that purports to prevent or restrict the person (P) from disclosing or seeking to disclose information about the terms of P's work is unenforceable against P in so far as P makes or seeks to make a relevant pay disclosure.
(2) A term of a person's work that purports to prevent or restrict the person (P) from seeking disclosure of information from a colleague about the terms of the colleague's work is unenforceable against P in so far as P seeks a relevant pay disclosure from the colleague; and “colleague” includes a former colleague in relation to the work in question.
(3) A disclosure is a relevant pay disclosure if made for the purpose of enabling the person who makes it, or the person to whom it is made, to find out whether or to what extent there is, in relation to the work in question, a connection between pay and having (or not having) a particular protected characteristic.
(4) The following are to be treated as protected acts for the purposes of the relevant victimisation provision—
(a) seeking a disclosure that would be a relevant pay disclosure;
(b) making or seeking to make a relevant pay disclosure;
(c) receiving information disclosed in a relevant pay disclosure.
(5) The relevant victimisation provision is, in relation to a description of work specified in the first column of the table, section 27 so far as it applies for the purposes of a provision mentioned in the second column.
Description of work | Provision by virtue of which section 27 has effect
Employment | Section 39(3) or (4)
Appointment to a personal office | Section 49(5) or (8)
Appointment to a public office | Section 50(5) or (9)
(1) Regulations may require employers to publish information relating to the pay of employees for the purpose of showing whether, by reference to factors of such description as is prescribed, there are differences in the pay of male and female employees.
(2) This section does not apply to—
(a) an employer who has fewer than 250 employees;
(b) a person specified in Schedule 19;
(c) a government department or part of the armed forces not specified in that Schedule.
(3) The regulations may prescribe—
(a) descriptions of employer;
(b) descriptions of employee;
(c) how to calculate the number of employees that an employer has;
(d) descriptions of information;
(e) the time at which information is to be published;
(f) the form and manner in which it is to be published.
(4) Regulations under subsection (3)(e) may not require an employer, after the first publication of information, to publish information more frequently than at intervals of 12 months.
(5) The regulations may make provision for a failure to comply with the regulations—
(a) to be an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale;
(b) to be enforced, otherwise than as an offence, by such means as are prescribed.
(6) The reference to a failure to comply with the regulations includes a reference to a failure by a person acting on behalf of an employer.
(1) Regulations may require employers to—
(a) develop and publish a plan (an “equality action plan”) showing the steps that the employers are taking in relation to their employees with regard to prescribed matters related to gender equality, and
(b) publish prescribed information relating to the plan.
(2) This section does not apply to—
(a) an employer with fewer than 250 employees;
(b) a public authority, other than—
(i) a public authority specified in Part 1 of Schedule 19, or
(ii) a public authority specified in Part 4 of Schedule 19 with the letter “D” included after the entry.
(3) For the purposes of subsection (1), a matter is related to gender equality if it is related to advancing equality of opportunity between male and female employees.
(4) Accordingly, matters related to gender equality include—
(a) addressing the gender pay gap, and
(b) supporting employees going through the menopause.
(5) The regulations may, among other things, make provision about—
(a) the content of a plan;
(b) the form and manner in which a plan or information is to be published;
(c) when and how frequently a plan or information is to be published or revised;
(d) requirements for senior approval before a plan or information is published;
(e) descriptions of employers;
(f) descriptions of employee;
(g) descriptions of information.
(6) The regulations may not require an employer, after the first publication of information, to publish information more frequently than at intervals of 12 months.
(7) The regulations may make provision for a failure to comply with the regulations to be enforced, otherwise than as an offence, by such means as are prescribed.
(8) The reference to a failure to comply with the regulations includes a reference to a failure by a person acting on behalf of an employer.
(9) A Minister of the Crown must consult—
(a) the Commission, before making regulations under this section that apply to a public authority, and
(b) the Welsh Ministers, before making regulations under this section that apply to a public authority specified in Part 4 of Schedule 19 with the letter “D” included after the entry.
(1) This section applies for the purposes of this Chapter.
(2) If A is employed, B is a comparator if subsection (3), (4), (4A) or (4B) applies.
(3) This subsection applies if—
(a) B is employed by A's employer or by an associate of A's employer, and
(b) A and B work at the same establishment.
(4) This subsection applies if—
(a) B is employed by A's employer or an associate of A's employer,
(b) B works at an establishment other than the one at which A works, and
(c) common terms apply at the establishments (either generally or as between A and B).
(4A) This subsection applies if a single body—
(a) is responsible for setting or continuing the terms on which A and B are employed, and
(b) is in a position to ensure equal treatment between A and B in respect of such terms.
(4B) This subsection applies if the terms on which A and B are employed are governed by the same collective agreement.
(5) If A holds a personal or public office, B is a comparator if—
(a) B holds a personal or public office, and
(b) the person responsible for paying A is also responsible for paying B.
(6) If A is a relevant member of the House of Commons staff, B is a comparator if—
(a) B is employed by the person who is A's employer under subsection (6) of section 195 of the Employment Rights Act 1996, or
(b) if subsection (7) of that section applies in A's case, B is employed by the person who is A's employer under that subsection.
(7) If A is a relevant member of the House of Lords staff, B is a comparator if B is also a relevant member of the House of Lords staff.
(8) Section 42 does not apply to this Chapter; accordingly, for the purposes of this Chapter only, holding the office of constable is to be treated as holding a personal office.
(9) For the purposes of this section, employers are associated if—
(a) one is a company of which the other (directly or indirectly) has control, or
(b) both are companies of which a third person (directly or indirectly) has control.
(10) In subsection (4B) “collective agreement” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act).
(1) This section applies for the purposes of this Chapter.
(2) The terms of a person's work are—
(a) if the person is employed, the terms of the person's employment that are in the person's contract of employment, contract of apprenticeship or contract to do work personally;
(b) if the person holds a personal or public office, the terms of the person's appointment to the office.
(3) If work is not done at an establishment, it is to be treated as done at the establishment with which it has the closest connection.
(4) A person (P) is the responsible person in relation to another person if—
(a) P is the other's employer;
(b) P is responsible for paying remuneration in respect of a personal or public office that the other holds.
(5) A job evaluation study is a study undertaken with a view to evaluating, in terms of the demands made on a person by reference to factors such as effort, skill and decision-making, the jobs to be done—
(a) by some or all of the workers in an undertaking or group of undertakings, or
(b) in the case of the armed forces, by some or all of the members of the armed forces.
(6) In the case of Crown employment, the reference in subsection (5)(a) to an undertaking is to be construed in accordance with section 191(4) of the Employment Rights Act 1996.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Schedule 7 (exceptions) has effect.
(1) This Part applies in relation to—
(a) work on ships,
(b) work on hovercraft, and
(c) seafarers,
only in such circumstances as are prescribed.
(2) For the purposes of this section, it does not matter whether employment arises or work is carried out within or outside the United Kingdom.
(3) “Ship” has the same meaning as in the Merchant Shipping Act 1995.
(4) “Hovercraft” has the same meaning as in the Hovercraft Act 1968.
(5) “Seafarer” means a person employed or engaged in any capacity on board a ship or hovercraft.
(6) Nothing in this section affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.
(1) Her Majesty may by Order in Council provide that in the case of persons in offshore work—
(a) specified provisions of this Part apply (with or without modification);
(b) Northern Ireland legislation making provision for purposes corresponding to any of the purposes of this Part applies (with or without modification).
(2) The Order may—
(a) provide for these provisions, as applied by the Order, to apply to individuals (whether or not British citizens) and bodies corporate (whether or not incorporated under the law of a part of the United Kingdom), whether or not such application affects activities outside the United Kingdom;
(b) make provision for conferring jurisdiction on a specified court or class of court or on employment tribunals in respect of offences, causes of action or other matters arising in connection with offshore work;
(c) exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under the provisions mentioned in subsection (1) in connection with offshore work;
(d) provide that such proceedings must not be brought without such consent as may be required by the Order.
(3) “Offshore work” is work for the purposes of—
(a) activities in the territorial sea adjacent to the United Kingdom,
(b) activities such as are mentioned in subsection (2) of section 11 of the Petroleum Act 1998 in waters within subsection (8)(b) or (c) of that section, or
(c) activities mentioned in paragraphs (a) and (b) of section 87(1) of the Energy Act 2004 in waters to which that section applies.
(4) Work includes employment, contract work, a position as a partner or as a member of an LLP, or an appointment to a personal or public office.
(5) Northern Ireland legislation includes an enactment contained in, or in an instrument under, an Act that forms part of the law of Northern Ireland.
(6) In the application to Northern Ireland of subsection (2)(b), the reference to employment tribunals is to be read as a reference to industrial tribunals.
(7) Nothing in this section affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.
(1) This section applies for the purposes of this Part.
(2) “Employment” means—
(a) employment under a contract of employment, a contract of apprenticeship or a contract personally to do work;
(b) Crown employment;
(c) employment as a relevant member of the House of Commons staff;
(d) employment as a relevant member of the House of Lords staff.
(3) This Part applies to service in the armed forces as it applies to employment by a private person; and for that purpose—
(a) references to terms of employment, or to a contract of employment, are to be read as including references to terms of service;
(b) references to associated employers are to be ignored.
(4) A reference to an employer or an employee, or to employing or being employed, is (subject to section 212(11)) to be read with subsections (2) and (3); and a reference to an employer also includes a reference to a person who has no employees but is seeking to employ one or more other persons.
(5) “Relevant member of the House of Commons staff” has the meaning given in section 195 of the Employment Rights Act 1996; and such a member of staff is an employee of—
(a) the person who is the employer of that member under subsection (6) of that section, or
(b) if subsection (7) of that section applies in the case of that member, the person who is the employer of that member under that subsection.
(6) “Relevant member of the House of Lords staff” has the meaning given in section 194 of that Act (which provides that such a member of staff is an employee of the Corporate Officer of the House of Lords).
(7) In the case of a person in Crown employment, or in employment as a relevant member of the House of Commons staff, a reference to the person's dismissal is a reference to the termination of the person's employment.
(8) A reference to a personal or public office, or to an appointment to a personal or public office, is to be construed in accordance with section 52.
(9) “Crown employment” has the meaning given in section 191 of the Employment Rights Act 1996.
(10) Schedule 8 (reasonable adjustments) has effect.
(11) Schedule 9 (exceptions) has effect.
(1) The responsible body of a school to which this section applies must not discriminate against a person—
(a) in the arrangements it makes for deciding who is offered admission as a pupil;
(b) as to the terms on which it offers to admit the person as a pupil;
(c) by not admitting the person as a pupil.
(2) The responsible body of such a school must not discriminate against a pupil—
(a) in the way it provides education for the pupil;
(b) in the way it affords the pupil access to a benefit, facility or service;
(c) by not providing education for the pupil;
(d) by not affording the pupil access to a benefit, facility or service;
(e) by excluding the pupil from the school;
(f) by subjecting the pupil to any other detriment.
(3) The responsible body of such a school must not harass—
(a) a pupil;
(b) a person who has applied for admission as a pupil.
(4) The responsible body of such a school must not victimise a person—
(a) in the arrangements it makes for deciding who is offered admission as a pupil;
(b) as to the terms on which it offers to admit the person as a pupil;
(c) by not admitting the person as a pupil.
(5) The responsible body of such a school must not victimise a pupil—
(a) in the way it provides education for the pupil;
(b) in the way it affords the pupil access to a benefit, facility or service;
(c) by not providing education for the pupil;
(d) by not affording the pupil access to a benefit, facility or service;
(e) by excluding the pupil from the school;
(f) by subjecting the pupil to any other detriment.
(6) A duty to make reasonable adjustments applies to the responsible body of such a school.
(7) In relation to England and Wales, this section applies to—
(a) a school maintained by a local authority;
(b) an independent educational institution (other than a special school);
(ba) an alternative provision Academy that is not an independent educational institution;
(c) a special school (not maintained by a local authority).
(8) In relation to Scotland, this section applies to—
(a) a school managed by an education authority;
(b) an independent school;
(c) a school in respect of which the managers are for the time being receiving grants under section 73(c) or (d) of the Education (Scotland) Act 1980.
(9) The responsible body of a school to which this section applies is—
(a) if the school is within subsection (7)(a), the local authority or governing body;
(b) if it is within subsection (7)(b) , (ba) or (c), the proprietor;
(c) if it is within subsection (8)(a), the education authority;
(d) if it is within subsection (8)(b), the proprietor;
(e) if it is within subsection (8)(c), the managers.
(10) In the application of section 26 for the purposes of subsection (3), none of the following is a relevant protected characteristic—
(a) gender reassignment;
(b) religion or belief;
(c) sexual orientation.
86 Victimisation of pupils, etc. for conduct of parents, etc.
(1) This section applies for the purposes of section 27 in its application to section 85(4) or (5).
(2) The references to B in paragraphs (a) and (b) of subsection (1) of section 27 include a reference to a parent or sibling of the child in question.
(3) Giving false evidence or information, or making a false allegation, in good faith is not a protected act in a case where—
(a) the evidence or information is given, or the allegation is made, by a parent or sibling of the child, and
(b) the child has acted in bad faith.
(4) Giving false evidence or information, or making a false allegation, in bad faith, is a protected act in a case where—
(a) the evidence or information is given, or the allegation is made, by a parent or sibling of the child, and
(b) the child has acted in good faith.
(5) In this section—
“child” means a person who has not attained the age of 18;
“sibling” means a brother or sister, a half-brother or half-sister, or a stepbrother or stepsister.
87 Application of enforcement powers under education legislation
(A1) Subsections (1) and (2) do not apply in the case of a school in Wales.
(1) Sections 496 and 497 of the Education Act 1996 (powers to give directions where responsible body of school in default of obligations, etc.) and section 70 of the Education (Scotland) Act 1980 apply to the performance of a duty under section 85.
(2) But neither of sections 496 and 497 of the Education Act 1996 applies to the performance of a duty under that section by the proprietor of an independent educational institution (other than a special school) or an alternative provision Academy that is not an independent educational institution; and section 70 of the Education (Scotland) Act 1980 does not apply to the performance of a duty under that section by the proprietor of an independent school.
(3) In the case of a school in Wales—
(a) Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (“the 2013 Act”) (intervention in conduct of maintained schools) applies to the performance of a duty under section 85, but as if—
(i) the only relevant grounds for intervention were grounds 5 and 6 in section 2 of that Act, and
(ii) sections 3 to 9 and 12 to 16 of that Act did not apply;
(b) Chapter 2 of Part 2 of the 2013 Act (intervention in local authorities) applies to the performance of a duty under section 85, but as if—
(i) the only relevant grounds for intervention were grounds 1 and 2 in section 21 of that Act, and
(ii) sections 24 to 27 of that Act did not apply.
(4) But neither of Chapters 1 and 2 of Part 2 of the 2013 Act applies to the performance of a duty under section 85 by the proprietor of an independent educational institution (other than a special school).
(1) This section applies for the purposes of this Chapter.
(2) Nothing in this Chapter applies to anything done in connection with the content of the curriculum.
(3) “Pupil”—
(a) in relation to England and Wales, has the meaning given in section 3(1) of the Education Act 1996;
(b) in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.
(4) “Proprietor”—
(a) in relation to a school in England and Wales, has the meaning given in section 579(1) of the Education Act 1996;
(b) in relation to a school in Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.
(5) “School”—
(a) in relation to England and Wales, has the meaning given in section 4 of the Education Act 1996;
(b) in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.
(6) A reference to a school includes a reference to an independent educational institution in England; and a reference to an independent educational institution in England is to be construed in accordance with Chapter 1 of Part 4 of the Education and Skills Act 2008.
(7) A reference to an independent educational institution is a reference to—
(a) an independent educational institution in England, or
(b) an independent school in Wales.
(8) “Independent school”—
(a) in relation to Wales, has the meaning given in section 463 of the Education Act 1996;
(b) in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.
(9) “Special school” has the meaning given in section 337 of the Education Act 1996.
(10) “Local authority” means—
(a) in relation to England, an English local authority within the meaning of section 162 of the Education and Inspections Act 2006;
(b) in relation to Wales, a Welsh local authority within the meaning of that section.
(11) “Education authority”, in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.
(12) Schedule 11 (exceptions) has effect.
(1) The responsible body of an institution to which this section applies must not discriminate against a person—
(a) in the arrangements it makes for deciding who is offered admission as a student;
(b) as to the terms on which it offers to admit the person as a student;
(c) by not admitting the person as a student.
(2) The responsible body of such an institution must not discriminate against a student—
(a) in the way it provides education for the student;
(b) in the way it affords the student access to a benefit, facility or service;
(c) by not providing education for the student;
(d) by not affording the student access to a benefit, facility or service;
(e) by excluding the student;
(f) by subjecting the student to any other detriment.
(3) The responsible body of such an institution must not discriminate against a disabled person—
(a) in the arrangements it makes for deciding upon whom to confer a qualification;
(b) as to the terms on which it is prepared to confer a qualification on the person;
(c) by not conferring a qualification on the person;
(d) by withdrawing a qualification from the person or varying the terms on which the person holds it.
(4) Subsection (3) applies only to disability discrimination.
(5) The responsible body of such an institution must not harass—
(a) a student;
(b) a person who has applied for admission as a student;
(c) a disabled person who holds or has applied for a qualification conferred by the institution.
(6) The responsible body of such an institution must not victimise a person—
(a) in the arrangements it makes for deciding who is offered admission as a student;
(b) as to the terms on which it offers to admit the person as a student;
(c) by not admitting the person as a student.
(7) The responsible body of such an institution must not victimise a student—
(a) in the way it provides education for the student;
(b) in the way it affords the student access to a benefit, facility or service;
(c) by not providing education for the student;
(d) by not affording the student access to a benefit, facility or service;
(e) by excluding the student;
(f) by subjecting the student to any other detriment.
(8) The responsible body of such an institution must not victimise a disabled person—
(a) in the arrangements it makes for deciding upon whom to confer a qualification;
(b) as to the terms on which it is prepared to confer a qualification on the person;
(c) by not conferring a qualification on the person;
(d) by withdrawing a qualification from the person or varying the terms on which the person holds it.
(9) A duty to make reasonable adjustments applies to the responsible body of such an institution.
(10) In relation to England and Wales, this section applies to—
(a) a university;
(b) any other institution within the higher education sector;
(c) an institution within the further education sector.
(d) a 16 to 19 Academy.
(11) In relation to Scotland, this section applies to—
(a) a university;
(b) a designated institution;
(c) a college of further education.
(12) A responsible body is—
(a) in the case of an institution within subsection (10)(a), (b) or (c), the governing body;
(aa) in the case of an institution within subsection (10)(d), the proprietor (within the meaning of the Education Act 1996);
(b) in the case of an institution within subsection (11)(a) or (b), the governing body;
(c) in the case of a college of further education under the management of a board of management, the board of management;
(d) in the case of any other college of further education, any board of governors of the college or any person responsible for the management of the college, whether or not formally constituted as a governing body or board of governors.
(1) The responsible body in relation to a course to which this section applies must not discriminate against a person—
(a) in the arrangements it makes for deciding who is enrolled on the course;
(b) as to the terms on which it offers to enrol the person on the course;
(c) by not accepting the person's application for enrolment.
(2) The responsible body in relation to such a course must not discriminate against a person who is enrolled on the course in the services it provides or offers to provide.
(3) The responsible body in relation to such a course must not harass a person who—
(a) seeks enrolment on the course;
(b) is enrolled on the course;
(c) is a user of services provided by the body in relation to the course.
(4) The responsible body in relation to such a course must not victimise a person—
(a) in the arrangements it makes for deciding who is enrolled on the course;
(b) as to the terms on which it offers to enrol the person on the course;
(c) by not accepting the person's application for enrolment.
(5) The responsible body in relation to such a course must not victimise a person who is enrolled on the course in the services it provides or offers to provide.
(6) A duty to make reasonable adjustments applies to the responsible body.
(7) This section applies to—
(a) a course of further or higher education secured by a responsible body in England or Wales;
(b) a course of education provided by the governing body of a maintained school under section 80 of the School Standards and Framework Act 1998;
(c) a course of further education secured by an education authority in Scotland.
(8) A responsible body is—
(a) a local authority in England or Wales, for the purposes of subsection (7)(a);
(b) the governing body of a maintained school, for the purposes of subsection (7)(b);
(c) an education authority in Scotland, for the purposes of subsection (7)(c).
(9) In this section—
“course”, in relation to further education, includes each component part of a course if there is no requirement imposed on persons registered for a component part of the course to register for another component part of the course;
“enrolment” includes registration for a component part of a course;
“maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998;
“services” means services of any description which are provided wholly or mainly for persons enrolled on a course to which this section applies.
(1) The responsible body in relation to facilities to which this section applies must not discriminate against a person—
(a) in the arrangements it makes for deciding who is provided with the facilities;
(b) as to the terms on which it offers to provide the facilities to the person;
(c) by not accepting the person's application for provision of the facilities.
(2) The responsible body in relation to such facilities must not discriminate against a person who is provided with the facilities in the services it provides or offers to provide.
(3) The responsible body in relation to such facilities must not harass a person who—
(a) seeks to have the facilities provided;
(b) is provided with the facilities;
(c) is a user of services provided by the body in relation to the facilities.
(4) The responsible body in relation to such facilities must not victimise a person—
(a) in the arrangements it makes for deciding who is provided with the facilities;
(b) as to the terms on which it offers to provide the facilities to the person;
(c) by not accepting the person's application for provision of the facilities.
(5) The responsible body in relation to such facilities must not victimise a person who is provided with the facilities in the services it provides or offers to provide.
(6) A duty to make reasonable adjustments applies to the responsible body.
(7) This section applies to—
(a) facilities secured by a local authority in England under section 507A or 507B of the Education Act 1996;
(b) facilities secured by a local authority in Wales under section 508 of that Act;
(c) recreational or training facilities provided by an education authority in Scotland.
(8) A responsible body is—
(a) a local authority in England, for the purposes of subsection (7)(a);
(b) a local authority in Wales, for the purposes of subsection (7)(b);
(c) an education authority in Scotland, for the purposes of subsection (7)(c).
(9) This section does not apply to the protected characteristic of age, so far as relating to persons who have not attained the age of 18.
(1) This section applies for the purposes of this Chapter.
(2) Nothing in this Chapter applies to anything done in connection with the content of the curriculum.
(3) A reference to a student, in relation to an institution, is a reference to a person for whom education is provided by the institution.
(4) A reference to a university includes a reference to a university college and a college, school or hall of a university.
(5) A reference to an institution within the further or higher education sector is to be construed in accordance with section 91 of the Further and Higher Education Act 1992.
(6) “Further education”—
(a) in relation to England and Wales, has the meaning given in section 2 of the Education Act 1996;
(b) in relation to Scotland, has the meaning given in section 1(3) of the Further and Higher Education (Scotland) Act 1992.
(7) “Higher education”—
(a) in relation to England and Wales, means education provided by means of a course of a description mentioned in Schedule 6 to the Education Reform Act 1988;
(b) in relation to Scotland, has the meaning given in section 38 of the Further and Higher Education (Scotland) Act 1992.
(8) “College of further education” has the meaning given in section 36 of the Further and Higher Education (Scotland) Act 1992.
(9) “Designated institution” has the meaning given in section 44 of that Act.
(10) “Local authority” means—
(a) in relation to England, an English local authority within the meaning of section 162 of the Education and Inspections Act 2006;
(b) in relation to Wales, a Welsh local authority within the meaning of that section.
(11) “Education authority” has the meaning given by section 135(1) of the Education (Scotland) Act 1980.
(11A) A reference to conferring a qualification includes a reference—
(a) to renewing or extending the conferment of a qualification;
(b) to authenticating a qualification conferred by another person.
(12) Schedule 12 (exceptions) has effect.
(1) A qualifications body (A) must not discriminate against a person (B)—
(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.
(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.
(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)—
(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) 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.
(6) A duty to make reasonable adjustments applies to a qualifications body.
(7) Subsection (6) does not apply to the body in so far as the appropriate regulator specifies provisions, criteria or practices in relation to which the body—
(a) is not subject to a duty to make reasonable adjustments;
(b) is subject to a duty to make reasonable adjustments, but in relation to which such adjustments as the regulator specifies should not be made.
(8) For the purposes of subsection (7) the appropriate regulator must have regard to—
(a) the need to minimise the extent to which disabled persons are disadvantaged in attaining the qualification because of their disabilities;
(b) the need to secure that the qualification gives a reliable indication of the knowledge, skills and understanding of a person upon whom it is conferred;
(c) the need to maintain public confidence in the qualification.
(9) The appropriate regulator—
(a) must not specify any matter for the purposes of subsection (7) unless it has consulted such persons as it thinks appropriate;
(b) must publish matters so specified (including the date from which they are to have effect) in such manner as is prescribed.
(10) The appropriate regulator is—
(a) in relation to a qualifications body that confers qualifications in England, a person prescribed by a Minister of the Crown;
(b) in relation to a qualifications body that confers qualifications in Wales, a person prescribed by the Welsh Ministers;
(c) in relation to a qualifications body that confers qualifications in Scotland, a person prescribed by the Scottish Ministers.
(11) For the purposes of subsection (10), a qualification is conferred in a part of Great Britain if there are, or may reasonably be expected to be, persons seeking to obtain the qualification who are or will be assessed for those purposes wholly or mainly in that part.
(1) This section applies for the purposes of section 96.
(2) A qualifications body is an authority or body which can confer a relevant qualification.
(3) A relevant qualification is an authorisation, qualification, approval or certification of such description as may be prescribed—
(a) in relation to conferments in England, by a Minister of the Crown;
(b) in relation to conferments in Wales, by the Welsh Ministers;
(c) in relation to conferments in Scotland, by the Scottish Ministers.
(4) An authority or body is not a qualifications body in so far as—
(a) it is the responsible body of a school to which section 85 applies,
(b) it is the governing body of an institution to which section 91 applies,
(c) it exercises functions under the Education Acts, or
(d) it exercises functions under the Education (Scotland) Act 1980.
(5) A qualifications body does not include an authority or body of such description, or in such circumstances, as may be prescribed.
(6) A reference to conferring a relevant qualification includes a reference—
(a) to renewing or extending the conferment of a relevant qualification;
(b) to authenticating a relevant qualification conferred by another person.
(7) A reference in section 96(8), (10) or (11) to a qualification is a reference to a relevant qualification.
(8) Subsection (11) of section 96 applies for the purposes of subsection (3) of this section as it applies for the purposes of subsection (10) of that section.
(1) This Part does not apply to the protected characteristic of marriage and civil partnership.
(2) This Part does not apply to discrimination, harassment or victimisation—
(a) that is prohibited by Part 3 (services and public functions), Part 4 (premises), Part 5 (work) or Part 6 (education), or
(b) that would be so prohibited but for an express exception.
(1) An association (A) must not discriminate against a person (B)—
(a) in the arrangements A makes for deciding who to admit to membership;
(b) as to the terms on which A is prepared to admit B to membership;
(c) by not accepting B's application for membership.
(2) An association (A) must not discriminate against a member (B)—
(a) in the way A affords B access, or by not affording B access, to a benefit, facility or service;
(b) by depriving B of membership;
(c) by varying B's terms of membership;
(d) by subjecting B to any other detriment.
(3) An association (A) must not discriminate against an associate (B)—
(a) in the way A affords B access, or by not affording B access, to a benefit, facility or service;
(b) by depriving B of B's rights as an associate;
(c) by varying B's rights as an associate;
(d) by subjecting B to any other detriment.
(4) An association must not harass—
(a) a member;
(b) a person seeking to become a member;
(c) an associate.
(5) An association (A) must not victimise a person (B)—
(a) in the arrangements A makes for deciding who to admit to membership;
(b) as to the terms on which A is prepared to admit B to membership;
(c) by not accepting B's application for membership.
(6) An association (A) must not victimise a member (B)—
(a) in the way A affords B access, or by not affording B access, to a benefit, facility or service;
(b) by depriving B of membership;
(c) by varying B's terms of membership;
(d) by subjecting B to any other detriment.
(7) An association (A) must not victimise an associate (B)—
(a) in the way A affords B access, or by not affording B access, to a benefit, facility or service;
(b) by depriving B of B's rights as an associate;
(c) by varying B's rights as an associate;
(d) by subjecting B to any other detriment.
(1) An association (A) must not discriminate against a person (B)—
(a) in the arrangements A makes for deciding who to invite, or who to permit to be invited, as a guest;
(b) as to the terms on which A is prepared to invite B, or to permit B to be invited, as a guest;
(c) by not inviting B, or not permitting B to be invited, as a guest.
(2) An association (A) must not discriminate against a guest (B) invited by A or with A's permission (whether express or implied)—
(a) in the way A affords B access, or by not affording B access, to a benefit, facility or service;
(b) by subjecting B to any other detriment.
(3) An association must not harass—
(a) a guest;
(b) a person seeking to be a guest.
(4) An association (A) must not victimise a person (B)—
(a) in the arrangements A makes for deciding who to invite, or who to permit to be invited, as a guest;
(b) as to the terms on which A is prepared to invite B, or to permit B to be invited, as a guest;
(c) by not inviting B, or not permitting B to be invited, as a guest.
(5) An association (A) must not victimise a guest (B) invited by A or with A's permission (whether express or implied)—
(a) in the way A affords B access, or by not affording B access, to a benefit, facility or service;
(b) by subjecting B to any other detriment.
(1) A duty to make reasonable adjustments applies to an association.
(2) In the application of section 26 for the purposes of section 101(4) or 102(3), neither of the following is a relevant protected characteristic—
(a) religion or belief;
(b) sexual orientation.
(1) This section applies to an association which is a registered political party.
(2) A person does not contravene this Part only by acting in accordance with selection arrangements.
(3) Selection arrangements are arrangements—
(a) which the party makes for regulating the selection of its candidates in a relevant election,
(b) the purpose of which is to reduce inequality in the party's representation in the body concerned, and
(c) which, subject to subsection (7), are a proportionate means of achieving that purpose.
(4) The reference in subsection (3)(b) to inequality in a party's representation in a body is a reference to inequality between—
(a) the number of the party's candidates elected to be members of the body who share a protected characteristic, and
(b) the number of the party's candidates so elected who do not share that characteristic.
(5) For the purposes of subsection (4), persons share the protected characteristic of disability if they are disabled persons (and section 6(3)(b) is accordingly to be ignored).
(6) Selection arrangements do not include short-listing only such persons as have a particular protected characteristic.
(7) But subsection (6) does not apply to the protected characteristic of sex; and subsection (3)(c) does not apply to short-listing in reliance on this subsection.
(8) The following elections are relevant elections—
(a) Parliamentary Elections;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) elections to the Scottish Parliament;
(d) elections to the National Assembly for Wales;
(e) local government elections within the meaning of section 191, 203 or 204 of the Representation of the People Act 1983 (excluding elections for the Mayor of London).
(1) Section 104(7) and the words “, subject to subsection (7),” in section 104(3)(c) are repealed at the end of 2030 unless an order is made under subsection (2).
(2) At any time before the end of 2030, a Minister of the Crown may by order provide that subsection (1) is to have effect with the substitution of a later time for that for the time being specified there.
(3) In section 3 of the Sex Discrimination (Election Candidates) Act 2002 (expiry of that Act), in subsection (1) for “2015” substitute “ 2030 ”.
(4) The substitution made by subsection (3) does not affect the power to substitute a later time by order under section 3 of that Act.
(1) This section applies for the purposes of this Part.
(2) An “association” is an association of persons—
(a) which has at least 25 members, and
(b) admission to membership of which is regulated by the association's rules and involves a process of selection.
(3) A Minister of the Crown may by order amend subsection (2)(a) so as to substitute a different number for that for the time being specified there.
(4) It does not matter—
(a) whether an association is incorporated;
(b) whether its activities are carried on for profit.
(5) Membership is membership of any description; and a reference to a member is to be construed accordingly.
(6) A person is an “associate”, in relation to an association, if the person—
(a) is not a member of the association, but
(b) in accordance with the association's rules, has some or all of the rights as a member as a result of being a member of another association.
(7) A reference to a registered political party is a reference to a party registered in the Great Britain register under Part 2 of the Political Parties, Elections and Referendums Act 2000.
(8) Schedule 15 (reasonable adjustments) has effect.
(9) Schedule 16 (exceptions) has effect.
(1) A person (A) must not discriminate against another (B) if—
(a) the discrimination arises out of and is closely connected to a relationship which used to exist between them, and
(b) conduct of a description constituting the discrimination would, if it occurred during the relationship, contravene this Act.
(2) A person (A) must not harass another (B) if—
(a) the harassment arises out of and is closely connected to a relationship which used to exist between them, and
(b) conduct of a description constituting the harassment would, if it occurred during the relationship, contravene this Act.
(3) It does not matter whether the relationship ends before or after the commencement of this section.
(4) A duty to make reasonable adjustments applies to A if B is placed at a substantial disadvantage as mentioned in section 20.
(5) For the purposes of subsection (4), sections 20, 21 and 22 and the applicable Schedules are to be construed as if the relationship had not ended.
(6) For the purposes of Part 9 (enforcement), a contravention of this section relates to the Part of this Act that would have been contravened if the relationship had not ended.
(7) But conduct is not a contravention of this section in so far as it also amounts to victimisation of B by A.
(1) Anything done by a person (A) in the course of A's employment must be treated as also done by the employer.
(2) Anything done by an agent for a principal, with the authority of the principal, must be treated as also done by the principal.
(3) It does not matter whether that thing is done with the employer's or principal's knowledge or approval.
(4) In proceedings against A's employer (B) in respect of anything alleged to have been done by A in the course of A's employment it is a defence for B to show that B took all reasonable steps to prevent A—
(a) from doing that thing, or
(b) from doing anything of that description.
(5) This section does not apply to offences under this Act (other than offences under Part 12 (disabled persons: transport)).
(1) A person (A) contravenes this section if—
(a) A is an employee or agent,
(b) A does something which, by virtue of section 109(1) or (2), is treated as having been done by A's employer or principal (as the case may be), and
(c) the doing of that thing by A amounts to a contravention of this Act by the employer or principal (as the case may be).
(2) It does not matter whether, in any proceedings, the employer is found not to have contravened this Act by virtue of section 109(4).
(3) A does not contravene this section if—
(a) A relies on a statement by the employer or principal that doing that thing is not a contravention of this Act, and
(b) it is reasonable for A to do so.
(4) A person (B) commits an offence if B knowingly or recklessly makes a statement mentioned in subsection (3)(a) which is false or misleading in a material respect.
(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5A) A does not contravene this section if A—
(a) does not conduct a relevant marriage,
(b) is not present at, does not carry out, or does not otherwise participate in, a relevant marriage, or
(c) does not consent to a relevant marriage being conducted,
for the reason that the marriage is the marriage of a same sex couple.
(5B) Subsection (5A) applies to A only if A is within the meaning of “ person ” for the purposes of section 2 of the Marriage (Same Sex Couples) Act 2013; and other expressions used in subsection (5A) and section 2 of that Act have the same meanings in that subsection as in that section.
(5BA) If A is a protected person, A does not contravene this section if A—
(a) does not allow religious premises to be used as the place at which two people register as civil partners of each other under Part 2 of the Civil Partnership Act 2004 (“the 2004 Act”), or
(b) does not provide, arrange, facilitate or participate in, or is not present at—
(i) an occasion during which two people register as civil partners of each other on religious premises under Part 2 of the 2004 Act, or
(ii) a ceremony or event in England or Wales to mark the formation of a civil partnership,
for the reason that the person does not wish to do things of that sort in relation to civil partnerships generally, or those between two people of the same sex, or those between two people of the opposite sex.
(5BB) In subsection (5BA)—
“protected person” has the meaning given by section 30ZA(2) of the 2004 Act;
“religious premises” has the meaning given by section 6A(3C) of the 2004 Act.
(5C) A does not contravene this section by refusing to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex.
(5CA) A does not contravene this section by refusing to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the opposite sex who are in a civil partnership with each other.
(5D) A does not contravene this section by refusing to register a relevant Scottish civil partnership for the reason that A does not wish to register civil partnerships generally, or those between two persons of the same sex, or those between two persons of the opposite sex.
(5E) Subsections (5C), (5CA) and (5D) apply only if A is an approved celebrant.
(5F) Expressions used in subsections (5C) to (5E) have the same meaning as in paragraph 25B of Schedule 3.
(5G) A chaplain does not contravene this section by refusing to solemnise a relevant Scottish forces marriage for the reason that the marriage is the marriage of two persons of the same sex.
(5H) Expressions used in subsection (5G) have the same meaning as in paragraph 25C of Schedule 3.
(6) Part 9 (enforcement) applies to a contravention of this section by A as if it were the contravention mentioned in subsection (1)(c).
(7) The reference in subsection (1)(c) to a contravention of this Act does not include a reference to disability discrimination in contravention of Chapter 1 of Part 6 (schools).
111 Instructing, causing or inducing contraventions
(1) A person (A) must not instruct another (B) to do in relation to a third person (C) anything which contravenes Part 3, 4, 5, 6 or 7 or section 108(1) or (2) or 112(1) (a basic contravention).
(2) A person (A) must not cause another (B) to do in relation to a third person (C) anything which is a basic contravention.
(3) A person (A) must not induce another (B) to do in relation to a third person (C) anything which is a basic contravention.
(4) For the purposes of subsection (3), inducement may be direct or indirect.
(5) Proceedings for a contravention of this section may be brought—
(a) by B, if B is subjected to a detriment as a result of A's conduct;
(b) by C, if C is subjected to a detriment as a result of A's conduct;
(c) by the Commission.
(6) For the purposes of subsection (5), it does not matter whether—
(a) the basic contravention occurs;
(b) any other proceedings are, or may be, brought in relation to A's conduct.
(7) This section does not apply unless the relationship between A and B is such that A is in a position to commit a basic contravention in relation to B.
(8) A reference in this section to causing or inducing a person to do something includes a reference to attempting to cause or induce the person to do it.
(9) For the purposes of Part 9 (enforcement), a contravention of this section is to be treated as relating—
(a) in a case within subsection (5)(a), to the Part of this Act which, because of the relationship between A and B, A is in a position to contravene in relation to B;
(b) in a case within subsection (5)(b), to the Part of this Act which, because of the relationship between B and C, B is in a position to contravene in relation to C.
(1) A person (A) must not knowingly help another (B) to do anything which contravenes Part 3, 4, 5, 6 or 7 or section 108(1) or (2) or 111 (a basic contravention).
(2) It is not a contravention of subsection (1) if—
(a) A relies on a statement by B that the act for which the help is given does not contravene this Act, and
(b) it is reasonable for A to do so.
(3) B commits an offence if B knowingly or recklessly makes a statement mentioned in subsection (2)(a) which is false or misleading in a material respect.
(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) For the purposes of Part 9 (enforcement), a contravention of this section is to be treated as relating to the provision of this Act to which the basic contravention relates.
(6) The reference in subsection (1) to a basic contravention does not include a reference to disability discrimination in contravention of Chapter 1 of Part 6 (schools).
(1) Proceedings relating to a contravention of this Act must be brought in accordance with this Part.
(2) Subsection (1) does not apply to proceedings under Part 1 of the Equality Act 2006.
(3) Subsection (1) does not prevent—
(a) a claim for judicial review;
(b) proceedings under the Immigration Acts;
(c) proceedings under the Special Immigration Appeals Commission Act 1997;
(d) in Scotland, an application to the supervisory jurisdiction of the Court of Session.
(4) This section is subject to any express provision of this Act conferring jurisdiction on a court or tribunal.
(5) The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule.
(6) Chapters 2 and 3 do not apply to proceedings relating to an equality clause or rule except in so far as Chapter 4 provides for that.
(7) This section does not apply to—
(a) proceedings for an offence under this Act;
(b) proceedings relating to a penalty under Part 12 (disabled persons: transport).
(1) The county court or, in Scotland, the sheriff has jurisdiction to determine a claim relating to—
(a) a contravention of Part 3 (services and public functions);
(b) a contravention of Part 4 (premises);
(c) a contravention of Part 6 (education);
(d) a contravention of Part 7 (associations);
(e) a contravention of section 108, 111 or 112 that relates to Part 3, 4, 6 or 7.
(2) Subsection (1)(a) does not apply to a claim within section 115.
(3) Subsection (1)(c) does not apply to a claim within section 116.
(4) Subsection (1)(d) does not apply to a contravention of section 106.
(5) For the purposes of proceedings on a claim within subsection (1)(a)—
(a) a decision in proceedings on a claim mentioned in section 115(1) that an act is a contravention of Part 3 is binding;
(b) it does not matter whether the act occurs outside the United Kingdom.
(6) The county court or sheriff—
(a) must not grant an interim injunction or interdict unless satisfied that no criminal matter would be prejudiced by doing so;
(b) must grant an application to stay or sist proceedings under subsection (1) on grounds of prejudice to a criminal matter unless satisfied the matter will not be prejudiced.
(7) In proceedings in England and Wales on a claim within subsection (1), the power under section 63(1) of the County Courts Act 1984 (appointment of assessors) must be exercised unless the judge is satisfied that there are good reasons for not doing so.
(8) In proceedings in Scotland on a claim within subsection (1), the power under rule 44.3 of Schedule 1 to the Sheriff Court (Scotland) Act 1907 (appointment of assessors) must be exercised unless the sheriff is satisfied that there are good reasons for not doing so.
(9) The remuneration of an assessor appointed by virtue of subsection (8) is to be at a rate determined by the Lord President of the Court of Session.
(1) A claim is within this section if it relates to the act of an immigration authority in taking a relevant decision and—
(a) the question whether the act is a contravention of Part 3 has been or could be raised on an appeal which is pending, or could be brought, under the immigration provisions, or
(b) it has been decided on an appeal under those provisions that the act is not a contravention of Part 3.
(2) The relevant decision is not—
(a) subject to challenge in proceedings on a claim within section 114(1)(a), or
(b) affected by the decision of a court in such proceedings.
(3) For the purposes of subsection (1)(a) a power to grant permission to appeal out of time must be ignored.
(4) Each of the following is an immigration authority—
(a) the Secretary of State;
(b) an immigration officer;
(c) a person responsible for the grant or refusal of entry clearance (within the meaning of section 33(1) of the Immigration Act 1971).
(5) The immigration provisions are—
(a) the Special Immigration Appeals Commission Act 1997, or
(b) Part 5 of the Nationality, Immigration and Asylum Act 2002.
(6) A relevant decision is—
(a) a decision under the Immigration Acts relating to the entitlement of a person to enter or remain in the United Kingdom;
(b) a decision on an appeal under the immigration provisions relating to a decision within paragraph (a).
(7) An appeal is pending if it is pending for the purposes of section 104 of the Nationality, Immigration and Asylum Act 2002 or (as the case may be) for the purposes of that section as it is applied by section 2(2)(j) of the Special Immigration Appeals Commission Act 1997.
(8) This section applies in relation to reviews under section 2D, 2E or 2F of the Special Immigration Appeals Commission Act 1997 as it applies in relation to appeals under the immigration provisions.
(1) A claim is within this section if it may be made to—
(a) the First-tier Tribunal in accordance with Part 2 of Schedule 17,
(b) the Education Tribunal for Wales in accordance with Part 2 of that Schedule, or
(c) the First-tier Tribunal for Scotland Health and Education Chamber in accordance with Part 3 of that Schedule.
(2) A claim is also within this section if it must be made in accordance with appeal arrangements within the meaning of Part 4 of that Schedule.
(3) Schedule 17 (disabled pupils: enforcement) has effect.