Equality Act 2010

Part 3 E+W+S Other exceptions

Non-contractual payments to women on maternity leave E+W+S

17 (1) A person does not contravene section 39(1)(b) or (2), so far as relating to pregnancy and maternity, by depriving a woman who is on maternity leave of any benefit from the terms of her employment relating to pay. E+W+S

(2) The reference in sub-paragraph (1) to benefit from the terms of a woman's employment relating to pay does not include a reference to—

(a) maternity-related pay (including maternity-related pay that is increase-related),

(b) pay (including increase-related pay) in respect of times when she is not on maternity leave, or

(c) pay by way of bonus in respect of times when she is on compulsory maternity leave.

(3) For the purposes of sub-paragraph (2), pay is increase-related in so far as it is to be calculated by reference to increases in pay that the woman would have received had she not been on maternity leave.

(4) A reference to terms of her employment is a reference to terms of her employment that are not in her contract of employment, her contract of apprenticeship or her contract to do work personally.

(5) “Pay” means benefits—

(a) that consist of the payment of money to an employee by way of wages or salary, and

(b) that are not benefits whose provision is regulated by the contract referred to in sub-paragraph (4).

(6) “Maternity-related pay” means pay to which a woman is entitled—

(a) as a result of being pregnant, or

(b) in respect of times when she is on maternity leave.

Benefits dependent on marital status, etc. E+W+S

18 (1) A person does not contravene this Part of this Act, so far as relating to sexual orientation, by doing anything which prevents or restricts a person who is not [F1 within sub-paragraph (1A)] from having access to a benefit, facility or service— E+W+S

(a) the right to which accrued before 5 December 2005 (the day on which section 1 of the Civil Partnership Act 2004 came into force), or

(b) which is payable in respect of periods of service before that date.

[F2 (1A) A person is within this sub-paragraph if the person is—

(a) a man who is married to a woman, or

(b) a woman who is married to a man, or

(c) married to a person of the same sex in a relevant gender change case.

(1B) The reference in sub-paragraph (1A)(c) to a relevant gender change case is a reference to a case where—

(a) the married couple were of the opposite sex at the time of their marriage, and

(b) a full gender recognition certificate has been issued to one of the couple under the Gender Recognition Act 2004.]

[F3 (1C) Sub-paragraph (1) does not apply in relation to access to a benefit payable under an occupational pension scheme to the surviving spouse or surviving civil partner of a deceased member or deceased pension credit member of the scheme.]

(2) A person does not contravene this Part of this Act, so far as relating to sexual orientation, by providing married persons and civil partners (to the exclusion of all other persons) with access to a benefit, facility or service.

Textual Amendments

F1 Words in Sch. 9 para. 18(1) substituted (13.3.2014 for specified purposes) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 17(2); S.I. 2014/93, art. 3(j)(iii)

F2 Sch. 9 para. 18(1A)(1B) inserted (13.3.2014 for specified purposes) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 17(3); S.I. 2014/93, art. 3(j)(iii)

F3 Sch. 9 para. 18(1C) inserted (coming into force in accordance with reg. 1(b) of the amending S.I.) by The Pensions Act 2004 and the Equality Act 2010 (Amendment) (Equal Treatment by Occupational Pension Schemes) Regulations 2023 (S.I. 2023/1308), reg. 4

Provision of services etc. to the public E+W+S

19 (1) A does not contravene a provision mentioned in sub-paragraph (2) in relation to the provision of a benefit, facility or service to B if A is concerned with the provision (for payment or not) of a benefit, facility or service of the same description to the public. E+W+S

(2) The provisions are—

(a) section 39(2) and (4);

(b) section 41(1) and (3);

(c) sections 44(2) and (6) and 45(2) and (6);

(d) sections 49(6) and (8) and 50(6), (7), (9) and (10).

(3) Sub-paragraph (1) does not apply if—

(a) the provision by A to the public differs in a material respect from the provision by A to comparable persons,

(b) the provision to B is regulated by B's terms, or

(c) the benefit, facility or service relates to training.

(4) “Comparable persons” means—

(a) in relation to section 39(2) or (4), the other employees;

(b) in relation to section 41(1) or (3), the other contract workers supplied to the principal;

(c) in relation to section 44(2) or (6), the other partners of the firm;

(d) in relation to section 45(2) or (6), the other members of the LLP;

(e) in relation to section 49(6) or (8) or 50(6), (7), (9) or (10), persons holding offices or posts not materially different from that held by B.

(5) “B's terms” means—

(a) the terms of B's employment,

(b) the terms on which the principal allows B to do the contract work,

(c) the terms on which B has the position as a partner or member, or

(d) the terms of B's appointment to the office.

(6) A reference to the public includes a reference to a section of the public which includes B.

Insurance contracts, etc. E+W+S

20 (1) It is not a contravention of this Part of this Act, so far as relating to relevant discrimination, to do anything in relation to an annuity, life insurance policy, accident insurance policy or similar matter involving the assessment of risk if— E+W+S

(a) that thing is done by reference to actuarial or other data from a source on which it is reasonable to rely, and

(b) it is reasonable to do it.

(2) “Relevant discrimination” is—

(a) gender reassignment discrimination;

(b) marriage and civil partnership discrimination;

(c) pregnancy and maternity discrimination;

(d) sex discrimination.