Equality Act 2010

Valid from 01/10/2010

Partners E+W+S

44 Partnerships E+W+S

(1) A firm or proposed firm must not discriminate against a person—

(a) in the arrangements it makes for deciding to whom to offer a position as a partner;

(b) as to the terms on which it offers the person a position as a partner;

(c) by not offering the person a position as a partner.

(2) A firm (A) must not discriminate against a partner (B)—

(a) as to the terms on which B is a partner;

(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 expelling B;

(d) by subjecting B to any other detriment.

(3) A firm must not, in relation to a position as a partner, harass—

(a) a partner;

(b) a person who has applied for the position.

(4) A proposed firm must not, in relation to a position as a partner, harass a person who has applied for the position.

(5) A firm or proposed firm must not victimise a person—

(a) in the arrangements it makes for deciding to whom to offer a position as a partner;

(b) as to the terms on which it offers the person a position as a partner;

(c) by not offering the person a position as a partner.

(6) A firm (A) must not victimise a partner (B)—

(a) as to the terms on which B is a partner;

(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 expelling B;

(d) by subjecting B to any other detriment.

(7) A duty to make reasonable adjustments applies to—

(a) a firm;

(b) a proposed firm.

(8) In the application of this section to a limited partnership within the meaning of the Limited Partnerships Act 1907, “partner” means a general partner within the meaning of that Act.

45 Limited liability partnerships E+W+S

(1) An LLP or proposed LLP must not discriminate against a person—

(a) in the arrangements it makes for deciding to whom to offer a position as a member;

(b) as to the terms on which it offers the person a position as a member;

(c) by not offering the person a position as a member.

(2) An LLP (A) must not discriminate against a member (B)—

(a) as to the terms on which B is a member;

(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 expelling B;

(d) by subjecting B to any other detriment.

(3) An LLP must not, in relation to a position as a member, harass—

(a) a member;

(b) a person who has applied for the position.

(4) A proposed LLP must not, in relation to a position as a member, harass a person who has applied for the position.

(5) An LLP or proposed LLP must not victimise a person—

(a) in the arrangements it makes for deciding to whom to offer a position as a member;

(b) as to the terms on which it offers the person a position as a member;

(c) by not offering the person a position as a member.

(6) An LLP (A) must not victimise a member (B)—

(a) as to the terms on which B is a member;

(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 expelling B;

(d) by subjecting B to any other detriment.

(7) A duty to make reasonable adjustments applies to—

(a) an LLP;

(b) a proposed LLP.

46 Interpretation E+W+S

(1) This section applies for the purposes of sections 44 and 45.

(2) “Partnership” and “firm” have the same meaning as in the Partnership Act 1890.

(3) “Proposed firm” means persons proposing to form themselves into a partnership.

(4) “LLP” means a limited liability partnership (within the meaning of the Limited Liability Partnerships Act 2000).

(5) “Proposed LLP” means persons proposing to incorporate an LLP with themselves as members.

(6) A reference to expelling a partner of a firm or a member of an LLP includes a reference to the termination of the person's position as such—

(a) by the expiry of a period (including a period expiring by reference to an event or circumstance);

(b) by an act of the person (including giving notice) in circumstances such that the person is entitled, because of the conduct of other partners or members, to terminate the position without notice;

(c) (in the case of a partner of a firm) as a result of the dissolution of the partnership.

(7) Subsection (6)(a) and (c) does not apply if, immediately after the termination, the position is renewed on the same terms.