Employment Act 1989 (c. 38)

Discrimination as respects training E+W+S

7 Prohibition of discrimination in connection with provision of training. E+W+S

(1) The following section shall be substituted for section 14 of the 1975 Act—

“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.”

(2) The following section shall be substituted for section 13 of the M1 Race Relations Act 1976—

“13 Persons concerned with provision of vocational training.

(1) It is unlawful, in the case of an individual seeking or undergoing training which would help fit him for any employment, for any person who provides, or makes arrangements for the provision of, facilities for such training to discriminate against him—

(a) in the terms on which that person affords him access to any training course or other facilities concerned with such training; or

(b) by refusing or deliberately omitting to afford him such access; or

(c) by terminating his training; or

(d) by subjecting him to any detriment during the course of his training.

(2) Subsection (1) does not apply to—

(a) discrimination which is rendered unlawful by section 4(1) or (2) or section 17 or 18; or

(b) discrimination which would be rendered unlawful by any of those provisions but for the operation of any other provision of this Act.”

(3) In section 37 of the M2 Race Relations Act 1976 (discriminatory training by certain bodies)—

(a) in subsection (1), for “a training body” and “it appears to the training body” there shall be substituted “ any person ” and “ it reasonably appears to that person ” respectively;

(b) in subsection (2), for “it appears to a training body” and “the training body” there shall be substituted “ it reasonably appears to any person ” and “ that person ” respectively; and

(c) the following subsection shall be substituted for subsection (3)—

“(3) The preceding provisions of this section shall not apply to any discrimination which is rendered unlawful by section 4(1) or (2).”

Marginal Citations

M1 1976 c. 74.

M2 1976 c. 74.

8 Power to exempt discrimination in favour of lone parents in connection with training. E+W+S

(1) The Secretary of State may by order provide with respect to—

(a) any specified arrangements made under section 2 of the M3 Employment and Training Act 1973 (functions of the Secretary of State as respects employment and training) [F1 or under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 (arrangements by Scottish Enterprise and Highlands and Islands Enterprise in connection with training etc.)], or

(b) any specified class or description of training for employment provided otherwise than in pursuance of [F2 that section][F2 either of those sections], F3 ...

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

that this section shall apply to such special treatment afforded to or in respect of lone parents in connection with their participation in those arrangements, or in that training or scheme, as is specified or referred to in the order.

(2) Where this section applies to any treatment afforded to or in respect of lone parents, neither the treatment so afforded nor any act done in the implementation of any such treatment shall be regarded for the purposes of the 1975 Act as giving rise to any discrimination falling within section 3 of that Act (discrimination against married persons for purposes of Part II of that Act).

(3) An order under subsection (1) above may specify or refer to special treatment afforded as mentioned in that subsection—

(a) whether it is afforded by the making of any payment or by the fixing of special conditions for participation in the arrangements, training or scheme in question, or otherwise, and

(b) whether it is afforded by the Secretary of State or by some other person;

and, without prejudice to the generality of paragraph (b) of that subsection, any class or description of training for employment specified in such an order by virtue of that paragraph may be framed by reference to the person, or the class or description of persons, by whom the training is provided.

(4) In this section—

(a) “employment” and “training” have the same meaning as in the M4 Employment and Training Act 1973; and

(b) “lone parent” has the same meaning as it has for the purposes of any regulations made in pursuance of section 20(1)(a) of the M5 Social Security Act 1986 (income support).

Textual Amendments

F1 Words inserted (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch. 4 para. 18(a)

F2 “either of those sections substituted (1.4.1991) for “that section by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch. 4 para. 18(b)

F3 S. 8(1)(c) and preceding word repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 8

Modifications etc. (not altering text)

C1 S.8: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Marginal Citations

M3 1973 c. 50.

M4 1973 c. 50.

M5 1986 c. 50.