C1C2Part IIF6EMPLOYMENT FIELD
Part II extended by Employment Protection Act 1975 (c. 71), s. 122(2)
Pt. II (ss. 6–21): excluded by Employment Act 1989 (c. 38, SIF 43:1, 106:1), ss. 4(1)(a), 5(1)(2)(a)(3)(4)(7); excluded by S.I. 1989/2420, art. 3; excluded (1.2.1994) by Measure 1993 No. 2, s. 6; Instrument dated 31.1.1994 made by Archbishops of Canterbury and York
Discrimination by other bodies
15F5 Employment agencies.
1
It is unlawful for an employment agency to discriminate against a woman—
a
in the terms on which the agency offers to provide any of its services, or
b
by refusing or deliberately omitting to provide any of its services, or
c
in the way it provides any of its services.
F11A
It is unlawful for an employment agency, in relation to the provision of its services, to subject to harassment a woman—
a
to whom it provides such services, or
b
who has requested the provision of such services.
F22
3
References in subsection (1) to the services of an employment agency include guidance on careers and any other services related to employment.
4
This section does not apply if the discrimination only concerns employment which the employer could lawfully refuse to offer the woman.
5
An employment agency or F7local authorityF3, education authority or other person shall not be subject to any liability under this section if it proves—
a
that it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of subsection (4), its action would not be unlawful, and
b
that it was reasonable for it to rely on the statement.
6
A person who knowingly or recklessly makes a statement such as is referred to in subsection (5)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding F4level 5 on the standard scale.
Pt. 2 Heading: words substituted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 7(1)