Employment services21A

1

In this Part, “employment services” means –

a

vocational guidance;

b

vocational training; or

c

services to assist a person to obtain or retain employment, or to establish himself as self-employed.

2

It is unlawful for a provider of employment services, in relation to such services, to subject to harassment a disabled person –

a

to whom he is providing such services, or

b

who has requested him to provide such services;

and section 3B (meaning of “harassment”) applies for the purposes of this subsection as it applies for the purposes of Part II.

3

In their application to employment services, the preceding provisions of this Part have effect as follows.

4

Section 19 has effect as if –

a

after subsection (1)(a), there were inserted the following paragraph –

aa

in failing to comply with a duty imposed on him by subsection (1) of section 21 in circumstances in which the effect of that failure is to place the disabled person at a substantial disadvantage in comparison with persons who are not disabled in relation to the provision of the service;

b

in subsection (1)(b), for “section 21” there were substituted “subsection (2) or (4) of section 21”;

c

in subsection (2), for “sections 20 and 21” there were substituted “sections 20, 21 and 21A”.

5

Section 20 has effect as if –

a

after subsection (1), there were inserted the following subsection –

1A

For the purposes of section 19, a provider of services also discriminates against a disabled person if he fails to comply with a duty imposed on him by subsection (1) of section 21 in relation to the disabled person.

b

in subsection (2)(a), for “a section 21 duty imposed” there were substituted “a duty imposed by subsection (2) or (4) of section 21”;

c

after subsection (3), there were inserted the following subsection –

3A

But treatment of a disabled person cannot be justified under subsection (3) if it amounts to direct discrimination falling within section 3A(5).

6

Section 21 has effect as if –

a

in subsection (1), for “makes it impossible or unreasonably difficult for disabled persons to make use of” there were substituted “places disabled persons at a substantial disadvantage in comparison with persons who are not disabled in relation to the provision of”;

b

after subsection (1), there were inserted the following subsection –

1A

In subsection (1), “practice, policy or procedure” includes a provision or criterion.

7

Subsection (1) does not apply in relation to a claim by a person that another person –

a

has discriminated against him or subjected him to harassment in relation to the provision of employment services in a way which is unlawful under this Part; or

b

is by virtue of section 57 or 58 to be treated as having discriminated against him or subjected him to harassment in such a way.

8

A claim of the kind referred to in subsection (7) may be presented as a complaint to an industrial tribunal.

9

Section 17A(1A) to (7) and paragraphs 3 and 4 of Schedule 3 apply in relation to a complaint under subsection (8) as if it were a complaint under section 17A(1) (and paragraphs 6 to 8 of Schedule 3 do not apply in relation to such a complaint).

1A

Subsection (1) does not apply to any term in a contract, or other agreement, for the provision of employment services.