C1Part 5Work
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.
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