Part IIF2THE EMPLOYMENT FIELD

Annotations:
Amendments (Textual)
F2

Pt. 2: heading "THE EMPLOYMENT FIELD" substituted (E.W.S.) for "EMPLOYMENT" (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1(2)(3), {4(1)} and same heading substituted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by S.R. 2004/55, regs. 1(2)(3), 4(1)

F1Other unlawful acts

Annotations:
Amendments (Textual)
F1

Ss. 16A-16C and cross-heading inserted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 15(1)

16BDiscriminatory advertisements

 

1

It is unlawful for a person, in relation to a relevant appointment or benefit which he intends to make or confer, to publish or cause to be published an advertisement which—

a

invites applications for that appointment or benefit; and

b

indicates, or might reasonably be understood to indicate, that an application will or may be determined to any extent by reference to—

i

the applicant not having any disability, or any particular disability, or

ii

any reluctance of the person determining the application to comply with a duty to make reasonable adjustments or (in relation to employment services) with the duty imposed by section 21(1) as modified by section 21A(6).

2

Subsection (1) does not apply where it would not in fact be unlawful under this Part or, to the extent that it relates to the provision of employment services, Part 3 for an application to be determined in the manner indicated (or understood to be indicated) in the advertisement.

3

In subsection (1), “relevant appointment or benefit” means—

a

any employment, promotion or transfer of employment;

b

membership of, or a benefit under, an occupational pension scheme;

c

an appointment to any office or post to which section 4D applies;

d

any partnership in a firm (within the meaning of section 6A);

e

any tenancy or pupillage (within the meaning of section 7A or 7C);

f

any membership of a trade organisation (within the meaning of section 13);

g

any professional or trade qualification (within the meaning of section 14A);

h

any work placement (within the meaning of section 14C);

i

any employment services (within the meaning of Part 3).

4

In this section, “advertisement” includes every form of advertisement or notice, whether to the public or not.