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(1)It is unlawful for a firm consisting of six or more partners, in relation to a position as partner in the firm, to discriminate against a person—
(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 him that position; or
(c)by refusing or deliberately omitting to offer him that position; or
(d)in a case where the person already holds that position—
(i)in the way they afford him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or
(ii)by expelling him from that position, or subjecting him to any other detriment.
[F1(1A)The limitation of subsection (1) to six or more partners does not apply in relation to discrimination on grounds of race or ethnic or national origins.
(1B)It is unlawful for a firm, in relation to a position as a partner in the firm, to subject to harassment a person who holds or has applied for that position.]
(2)[F2Subsections (1), (1A) and (1B)] shall apply in relation to persons proposing to form themselves into a partnership as it applies in relation to a firm.
(3)Subsection (1)(a) and (c) do not apply to a position as partner where, if it were employment, [F3section 4A or 5 would apply to such employment].
(4)In the case of a limited partnership references in this section to a partner shall be construed as references to a general partner as defined in section 3 of the M1Limited Partnerships Act 1907.
[F4(5)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.]
[F5(6)In subsection (1)(d)(ii) reference to the expulsion of a person from a position as partner includes, where the discrimination is on grounds of race or ethnic or national origins, reference—
(a)to the termination of that person’s partnership by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the partnership is renewed on the same terms; and
(b)to the termination of that person’s partnership by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the other partners.]
Textual Amendments
F1S. 10(1A)(1B) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 12(a)
F2Words in s. 10(2) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 12(b)
F3Words in s. 10(3) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 12(c)
F4S. 10(5) inserted (6.4.2001) by S.I. 2001/1090, reg. 9, Sch. 5 para. 7.
F5S. 10(6) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 12(d)
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