C1C2Part IIF16EMPLOYMENT FIELDF17
S. 20A and cross-heading inserted (19.7.2003) by The Sex Discrimination Act 1975 (Amendment) Regulations 2003 (S.I. 2003/1657), reg. 3
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
11 Partnerships.
1
It is unlawful for a firm . . . F1, in relation to a position as partner in the firm, to discriminate against a woman—
a
in the arrangements they make for the purpose of determining who should be offered that position, or
b
in the terms on which they offer her that position, or
c
by refusing or deliberately omitting to offer her that position, or
d
in a case where the woman already holds that position—
i
in the way they afford her access to any benefits, facilities or services, or by refusing or deliberately omitting to afford her access to them, or
ii
by expelling her from that position, or subjecting her to any other detriment.
2
Subsection (1) shall apply in relation to persons proposing to form themselves into a partnership as it applies in relation to a firm.
3
F2Subject to subsection (3A),Subsection (1)(a) and (c) do not apply to a position as partner where, if it were employment, being a man would be a genuine occupational qualification for the job.
F33A
Subsection (3) does not apply in relation to discrimination falling within section 2A.
3B
In relation to discrimination falling within section 2A, subsection (1) does not make unlawful a firm’s treatment of a person in relation to a position as partner where—
a
if it were employment—
i
being a man would be a genuine occupational qualification for the job, or
ii
being a woman would be a genuine occupational qualification for the job, and
b
the firm can show that the treatment is reasonable in view of the circumstances relevant for the purposes of paragraph (a) and any other relevant circumstances.
3C
In relation to discrimination falling within section 2A, subsection (1)(a), (c) and, so far as it relates to expulsion, (d)(ii) do not apply to a position as partner where, if it were employment, there would be a supplementary genuine occupational qualification for the job.
F43D
Subsections (3B) and (3C) do not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.
4
Subsection (1)(b) and (d) do not apply to provision made in relation to death or retirement F18except in so far as, in their application to provision made in relation to retirement, they render it unlawful for a firm to discriminate against a woman—
a
in such of the terms on which they offer her a position as partner as provide for her expulsion from that position; or
b
by expelling her from a position as partner or subjecting her to any detriment which results in her expulsion from such a position.
5
In the case of a limited partnership references in subsection (1) to a partner shall be construed as references to a general partner as defined in section 3 of the M1Limited Partnerships Act 1907.
F56
This section applies to a limited liability partnership as it applies to a firm; and, in its application to a limited liability partnership, references to a partner in a firm are references to a member of the limited liability partnership.
12 Trade unions etc.
1
This section applies to an organisation of workers, an organisation of employers, or any other organisation whose members carry on a particular profession or trade for the purposes of which the organisation exists.
2
It is unlawful for an organisation to which this section applies, in the case of a woman who is not a member of the organisation, to discriminate against her—
a
in the terms on which it is prepared to admit her to membership, or
b
by refusing, or deliberately omitting to accept, her application for membership.
3
It is unlawful for an organisation to which this section applies, in the case of a woman who is a member of the organisation, to discriminate against her—
a
in the way it affords her access to any benefits, facilities or services, or by refusing or deliberately omitting to afford her access to them, or
b
by depriving her of membership, or varying the terms on which she is a member, or
c
by subjecting her to any other detriment.
F63A
It is unlawful for an organisation to which this section applies, in relation to membership of that organisation, to subject to harassment a woman who—
a
is a member of the organisation, or
b
has applied for membership of the organisation.
4
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 Qualifying bodies.
1
It is unlawful for an authority or body which can confer an authorisation or qualification which is needed for, or facilitates, engagement in a particular profession or trade to discriminate against a woman—
a
in the terms on which it is prepared to confer on her that authorisation or qualification, or
b
by refusing or deliberately omitting to grant her application for it, or
c
by withdrawing it from her or varying the terms on which she holds it.
2
Where an authority or body is required by law to satisfy itself as to his good character before conferring on a person an authorisation or qualification which is needed for, or facilitates, his engagement in any profession or trade then, without prejudice to any other duty to which it is subject, that requirement shall be taken to impose on the authority or body a duty to have regard to any evidence tending to show that he, or any of his employees, or agents (whether past or present), has practised unlawful discrimination in, or in connection with, the carrying on of any profession or trade.
3
In this section—
a
“authorisation or qualification” includes recognition, registration, enrolment, approval and certification,
b
“confer” includes renew or extend.
4
Subsection (1) does not apply to discrimination which is rendered unlawful by section 22 or 23.
14 Persons concerned with provision of vocational training.
1
It is unlawful, in the case of a woman seeking or undergoing training which would help fit her for any employment, for any person who provides, or makes arrangements for the provision of, facilities for such training to discriminate against her—
a
in the terms on which that person affords her access to any training course or other facilities concerned with such training, or
b
by refusing or deliberately omitting to afford her such access, or
c
by terminating her training, or
d
by subjecting her to any detriment during the course of her training.
2
Subsection (1) does not apply to—
a
discrimination which is rendered unlawful by section 6(1) or (2) or section 22 or 23, or
b
discrimination which would be rendered unlawful by any of those provisions but for the operation of any other provision of this Act.
15 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.
F82
It is unlawful for a local education authority or education authority or any other person to do any act in providing services in pursuance of arrangements made, or a direction given, under section 10 of the M2Employment and Training Act 1973 which constitutes discrimination.
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 local education authority F9, 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 F10level 5 on the standard scale.
16 Manpower Services Commission etc.
F111
F141A
It is unlawful for Scottish Enterprise or Highlands and Islands Enterprise to discriminate in the provision of facilities or services under such arrangements as are mentioned in section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 (arrangements analogous to arrangements in pursuance of section 2 of the said Act of 1973).
2
This section does not apply in a case where—
a
section 14 applies, or
b
the F15Secretary of Stateis acting as an employment agency.
Pt. 2 Heading: words substituted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 7(1)