C1Part 5Work

Annotations:
Modifications etc. (not altering text)

Chapter 1Employment, etc.

Employees

39Employees and applicants

1

An employer (A) must not discriminate against a person (B)—

a

in the arrangements A makes for deciding to whom to offer employment;

b

as to the terms on which A offers B employment;

c

by not offering B employment.

2

An employer (A) must not discriminate against an employee of A's (B)—

a

as to B's terms of employment;

b

in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;

c

by dismissing B;

d

by subjecting B to any other detriment.

3

An employer (A) must not victimise a person (B)—

a

in the arrangements A makes for deciding to whom to offer employment;

b

as to the terms on which A offers B employment;

c

by not offering B employment.

4

An employer (A) must not victimise an employee of A's (B)—

a

as to B's terms of employment;

b

in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for any other benefit, facility or service;

c

by dismissing B;

d

by subjecting B to any other detriment.

5

A duty to make reasonable adjustments applies to an employer.

6

Subsection (1)(b), so far as relating to sex or pregnancy and maternity, does not apply to a term that relates to pay—

a

unless, were B to accept the offer, an equality clause or rule would have effect in relation to the term, or

b

if paragraph (a) does not apply, except in so far as making an offer on terms including that term amounts to a contravention of subsection (1)(b) by virtue of section 13, 14 or 18.

7

In subsections (2)(c) and (4)(c), the reference to dismissing B includes a reference to the termination of B's employment—

a

by the expiry of a period (including a period expiring by reference to an event or circumstance);

b

by an act of B's (including giving notice) in circumstances such that B is entitled, because of A's conduct, to terminate the employment without notice.

8

Subsection (7)(a) does not apply if, immediately after the termination, the employment is renewed on the same terms.

40Employees and applicants: harassment

1

An employer (A) must not, in relation to employment by A, harass a person (B)—

a

who is an employee of A's;

b

who has applied to A for employment.

2

The circumstances in which A is to be treated as harassing B under subsection (1) include those where—

a

a third party harasses B in the course of B's employment, and

b

A failed to take such steps as would have been reasonably practicable to prevent the third party from doing so.

3

Subsection (2) does not apply unless A knows that B has been harassed in the course of B's employment on at least two other occasions by a third party; and it does not matter whether the third party is the same or a different person on each occasion.

4

A third party is a person other than—

a

A, or

b

an employee of A's.

41Contract workers

1

A principal must not discriminate against a contract worker—

a

as to the terms on which the principal allows the worker to do the work;

b

by not allowing the worker to do, or to continue to do, the work;

c

in the way the principal affords the worker access, or by not affording the worker access, to opportunities for receiving a benefit, facility or service;

d

by subjecting the worker to any other detriment.

2

A principal must not, in relation to contract work, harass a contract worker.

3

A principal must not victimise a contract worker—

a

as to the terms on which the principal allows the worker to do the work;

b

by not allowing the worker to do, or to continue to do, the work;

c

in the way the principal affords the worker access, or by not affording the worker access, to opportunities for receiving a benefit, facility or service;

d

by subjecting the worker to any other detriment.

4

A duty to make reasonable adjustments applies to a principal (as well as to the employer of a contract worker).

5

A “principal” is a person who makes work available for an individual who is—

a

employed by another person, and

b

supplied by that other person in furtherance of a contract to which the principal is a party (whether or not that other person is a party to it).

6

“Contract work” is work such as is mentioned in subsection (5).

7

A “contract worker” is an individual supplied to a principal in furtherance of a contract such as is mentioned in subsection (5)(b).