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.
Partners
44Partnerships
1
A firm or proposed firm must not discriminate against a person—
a
in the arrangements it makes for deciding to whom to offer a position as a partner;
b
as to the terms on which it offers the person a position as a partner;
c
by not offering the person a position as a partner.
2
A firm (A) must not discriminate against a partner (B)—
a
as to the terms on which B is a partner;
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 expelling B;
d
by subjecting B to any other detriment.
3
A firm must not, in relation to a position as a partner, harass—
a
a partner;
b
a person who has applied for the position.
4
A proposed firm must not, in relation to a position as a partner, harass a person who has applied for the position.
5
A firm or proposed firm must not victimise a person—
a
in the arrangements it makes for deciding to whom to offer a position as a partner;
b
as to the terms on which it offers the person a position as a partner;
c
by not offering the person a position as a partner.
6
A firm (A) must not victimise a partner (B)—
a
as to the terms on which B is a partner;
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 expelling B;
d
by subjecting B to any other detriment.
7
A duty to make reasonable adjustments applies to—
a
a firm;
b
a proposed firm.
8
In the application of this section to a limited partnership within the meaning of the Limited Partnerships Act 1907, “partner” means a general partner within the meaning of that Act.
45Limited liability partnerships
1
An LLP or proposed LLP must not discriminate against a person—
a
in the arrangements it makes for deciding to whom to offer a position as a member;
b
as to the terms on which it offers the person a position as a member;
c
by not offering the person a position as a member.
2
An LLP (A) must not discriminate against a member (B)—
a
as to the terms on which B is a member;
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 expelling B;
d
by subjecting B to any other detriment.
3
An LLP must not, in relation to a position as a member, harass—
a
a member;
b
a person who has applied for the position.
4
A proposed LLP must not, in relation to a position as a member, harass a person who has applied for the position.
5
An LLP or proposed LLP must not victimise a person—
a
in the arrangements it makes for deciding to whom to offer a position as a member;
b
as to the terms on which it offers the person a position as a member;
c
by not offering the person a position as a member.
6
An LLP (A) must not victimise a member (B)—
a
as to the terms on which B is a member;
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 expelling B;
d
by subjecting B to any other detriment.
7
A duty to make reasonable adjustments applies to—
a
an LLP;
b
a proposed LLP.
46Interpretation
1
This section applies for the purposes of sections 44 and 45.
2
“Partnership” and “firm” have the same meaning as in the Partnership Act 1890.
3
“Proposed firm” means persons proposing to form themselves into a partnership.
4
“LLP” means a limited liability partnership (within the meaning of the Limited Liability Partnerships Act 2000).
5
“Proposed LLP” means persons proposing to incorporate an LLP with themselves as members.
6
A reference to expelling a partner of a firm or a member of an LLP includes a reference to the termination of the person's position as such—
a
by the expiry of a period (including a period expiring by reference to an event or circumstance);
b
by an act of the person (including giving notice) in circumstances such that the person is entitled, because of the conduct of other partners or members, to terminate the position without notice;
c
(in the case of a partner of a firm) as a result of the dissolution of the partnership.
7
Subsection (6)(a) and (c) does not apply if, immediately after the termination, the position is renewed on the same terms.
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))