Part 5Work

Chapter 1Employment, etc.

Office-holders

51Public offices: recommendations for appointments, etc.

1

A person (A) who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) or (b), must not discriminate against a person (B)—

a

in the arrangements A makes for deciding who to recommend for appointment or to whose appointment to give approval;

b

by not recommending B for appointment to the office;

c

by making a negative recommendation of B for appointment to the office;

d

by not giving approval to the appointment of B to the office.

2

A person who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) or (b) must not, in relation to the office, harass a person seeking or being considered for the recommendation or approval.

3

A person (A) who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) or (b), must not victimise a person (B)—

a

in the arrangements A makes for deciding who to recommend for appointment or to whose appointment to give approval;

b

by not recommending B for appointment to the office;

c

by making a negative recommendation of B for appointment to the office;

d

by not giving approval to the appointment of B to the office.

4

A duty to make reasonable adjustments applies to a person who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) or (b).

5

A reference in this section to a person who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) is a reference only to a relevant body which has that power; and for that purpose “relevant body” means a body established—

a

by or in pursuance of an enactment, or

b

by a member of the executive.