PART IIDISCRIMINATION IN THE EMPLOYMENT FIELD

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.

2

References in paragraph (1) 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.