C1PART IIF2DISCRIMINATION AND HARASSMENT IN THE EMPLOYMENT FIELD
Pt. 2 applied (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 4 para. 4(1)(2)(c); S.I. 2013/1682, art. 3(k)
Discrimination by other bodies
Employment agencies16
1
It is unlawful for an employment agency to discriminate against a person—
a
in the terms on which the agency offers to provide any of its services; or
b
by refusing or deliberately omitting to provide any of its services; or
c
in the way it provides any of its services.
F11A
It is unlawful for an employment agency, in relation to the provision of its services, to subject to harassment a person to whom it provides such services or who requests the provision of such services.
2
References inF1 paragraphs (1) and (1A) to the services of an employment agency include guidance on careers and any other services related to employment.
3
This Article does not apply if the discrimination only concerns employment which the employer could lawfully refuse to offer the person in question.
4
An employment agency shall not be subject to any liability under this Article if it proves—
a
that it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of paragraph (3), its action would not be unlawful; and
b
that it was reasonable for it to rely on the statement.
5
A person who knowingly or recklessly makes a statement such as is referred to in paragraph (4)(a) which in a material respect is false or misleading shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
SR 2003/341