Modifications etc. (not altering text)
C1Part II extended by Employment Protection Act 1975 (c. 71), s. 122(2)
(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.
[F1(1A)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.]
[F2(2)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 [F3or harassment] .]
(3)References in [F4subsections (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 [F5, 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 [F6level 5 on the standard scale].
Textual Amendments
F1S. 14(1A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 16(a)
F2S. 14(2) substituted (1.4.1994 for E. and S. and 1.4.1995 for all other purposes) by 1993 c. 19, s. 49(2), Sch. 8 para. 9(a); S.I. 1993/2503, art. 2(3), Sch. 3.
F3Words in s. 14(2) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 16(b)
F4Words in s. 14(3) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 16(c)
F5Words in s. 14(5) substituted (1.4.1994 for E. and S. and 1.4.1995 for all other purposes) by 1993 c. 19, s. 49(2), Sch. 8 para. 9(b); S.I. 1993/2503, art. 2(3), Sch. 3.
F6Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G