C1Part 5Work
Chapter 1Employment, etc.
Employees
39Employees and applicants
1
An employer (A) must not discriminate against a person (B)—
a
in the arrangements A makes for deciding to whom to offer employment;
b
as to the terms on which A offers B employment;
c
by not offering B employment.
2
An employer (A) must not discriminate against an employee of A's (B)—
a
as to B's terms of employment;
b
in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;
c
by dismissing B;
d
by subjecting B to any other detriment.
3
An employer (A) must not victimise a person (B)—
a
in the arrangements A makes for deciding to whom to offer employment;
b
as to the terms on which A offers B employment;
c
by not offering B employment.
4
An employer (A) must not victimise an employee of A's (B)—
a
as to B's terms of employment;
b
in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for any other benefit, facility or service;
c
by dismissing B;
d
by subjecting B to any other detriment.
5
A duty to make reasonable adjustments applies to an employer.
6
Subsection (1)(b), so far as relating to sex or pregnancy and maternity, does not apply to a term that relates to pay—
a
unless, were B to accept the offer, an equality clause or rule would have effect in relation to the term, or
b
if paragraph (a) does not apply, except in so far as making an offer on terms including that term amounts to a contravention of subsection (1)(b) by virtue of section 13, 14 or 18.
7
In subsections (2)(c) and (4)(c), the reference to dismissing B includes a reference to the termination of B's employment—
a
by the expiry of a period (including a period expiring by reference to an event or circumstance);
b
by an act of B's (including giving notice) in circumstances such that B is entitled, because of A's conduct, to terminate the employment without notice.
8
Subsection (7)(a) does not apply if, immediately after the termination, the employment is renewed on the same terms.
40Employees and applicants: harassment
1
An employer (A) must not, in relation to employment by A, harass a person (B)—
a
who is an employee of A's;
b
who has applied to A for employment.
2
The circumstances in which A is to be treated as harassing B under subsection (1) include those where—
a
a third party harasses B in the course of B's employment, and
b
A failed to take such steps as would have been reasonably practicable to prevent the third party from doing so.
3
Subsection (2) does not apply unless A knows that B has been harassed in the course of B's employment on at least two other occasions by a third party; and it does not matter whether the third party is the same or a different person on each occasion.
4
A third party is a person other than—
a
A, or
b
an employee of A's.
41Contract workers
1
A principal must not discriminate against a contract worker—
a
as to the terms on which the principal allows the worker to do the work;
b
by not allowing the worker to do, or to continue to do, the work;
c
in the way the principal affords the worker access, or by not affording the worker access, to opportunities for receiving a benefit, facility or service;
d
by subjecting the worker to any other detriment.
2
A principal must not, in relation to contract work, harass a contract worker.
3
A principal must not victimise a contract worker—
a
as to the terms on which the principal allows the worker to do the work;
b
by not allowing the worker to do, or to continue to do, the work;
c
in the way the principal affords the worker access, or by not affording the worker access, to opportunities for receiving a benefit, facility or service;
d
by subjecting the worker to any other detriment.
4
A duty to make reasonable adjustments applies to a principal (as well as to the employer of a contract worker).
5
A “principal” is a person who makes work available for an individual who is—
a
employed by another person, and
b
supplied by that other person in furtherance of a contract to which the principal is a party (whether or not that other person is a party to it).
6
“Contract work” is work such as is mentioned in subsection (5).
7
A “contract worker” is an individual supplied to a principal in furtherance of a contract such as is mentioned in subsection (5)(b).
Pt. 5 applied (1.8.2011) by the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011 (S.I. 2011/1771), regs. 3-5