C5C4C2C3C1 Part 5Work
Pt. 5 excluded by 2005 c. 4, s. 27(5A)(b) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 9; S.I. 2013/1725, art. 2(g))
Pt. 5 excluded (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), s. 71(4), Sch. 5 para. 5(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2) [Editorial note: S.I. 2017/1282 was made under 2017 c. 4, Sch. 5 para. 7(1) and comes into force on 12.12.2017]
Pt. 5 restricted (S.) (29.5.2020) by Gender Representation on Public Boards (Scotland) Act 2018 (asp 4), ss. 11(2), 13; S.S.I. 2020/119, reg. 2
Pt. 5 applied (1.8.2011) by the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011 (S.I. 2011/1771), regs. 3-5
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.
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F13
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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).
Pt. 5 excluded by 2005 c. 4, s. 63(4) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 10(3); S.I. 2013/1725, art. 2(g))