C1Part II Discrimination in the Employment Field
Discrimination by other bodies
14 Employment agencies.
1
It is unlawful for an employment agency to discriminate against a person—
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.
F41A
It is unlawful for an employment agency, in relation to the provision of its services, to subject to harassment a person to whom it provides such services or who requests the provision of such services.
F12
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 Employment and Training Act 1973 which constitutes discrimination F5or harassment .
3
References in F6subsections (1) and (1A) 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 person in question.
5
An employment agency or local education authority F2, 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 F3level 5 on the standard scale.
Part II extended by Employment Protection Act 1975 (c. 71), s. 122(2)