Modifications etc. (not altering text)
C1Part II extended by Employment Protection Act 1975 (c. 71), s. 122(2)
(1)This section applies to any work for a person (“the principal") which is available for doing by individuals (“contract workers") who are employed not by the principal himself but by another person, who supplies them under a contract made with the principal.
(2)It is unlawful for the principal, in relation to work to which this section applies, to discriminate against a contract worker—
(a)in the terms on which he allows him to do that work; or
(b)by not allowing him to do it or continue to do it; or
(c)in the way he affords him access to any benefits, facilities or services or by refusing or deliberately omitting to afford him access to them; or
(d)by subjecting him to any other detriment.
(3)The principal does not contravene subsection (2)(b) by doing any act in relation to a person not of a particular racial group [F2, or not of a particular race or particular ethnic or national origins,] at a time when, if the work were to be done by a person taken into the principal’s employment, being of that racial group [F3or of that race or those origins] would be a genuine occupational qualification [F4or, as the case may be, that act would be lawful by virtue of section 4A] for the job.
[F5(3A)It is unlawful for the principal, in relation to work to which this section applies, to subject a contract worker to harassment.]
(4)Nothing in this section shall render unlawful any act done by the principal [F6on grounds other than those of race or ethnic or national origins,] for the benefit of a contract worker not ordinarily resident in Great Britain in or in connection with allowing him to do work to which this section applies, where the purpose of his being allowed to do that work is to provide him with training in skills which he appears to the principal to intend to exercise wholly outside Great Britain.
(5)Subsection (2)(c) does not apply to benefits, facilities or services of any description if the principal is concerned with the provision (for payment or not) of benefits, facilities or services of that description to the public, or to a section of the public to which the contract worker in question belongs, unless that provision differs in a material respect from the provision of the benefits, facilities or services by the principal to his contract workers.
Textual Amendments
F1S. 7: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 10(1)
F2Words in s. 7(3) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 10(2)(a)(i)
F3Words in s. 7(3) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 10(2)(a)(ii)
F4Words in s. 7(3) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 10(2)(a)(iii)
F5S. 7(3A) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 10(2)(b)
F6Words in s. 7(4) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 10(2)(c)
Modifications etc. (not altering text)
C2S. 7 modified by S.I. 1989/901, art. 3, Sch.
S. 7 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch.
S. 7 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch. (which S.I. is revoked (E.) (1.9.2003) by S.I. 2003/1964, art. 1(3) and (W.) 12.5.2006 by S.I. 2006/1073, art. 1(3))
S. 7 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch.
S. 7 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), art. 3, Sch.