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Equality Act 2010, Cross Heading: Benefits based on length of service is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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10(1)It is not an age contravention for a person (A) to put a person (B) at a disadvantage when compared with another (C), in relation to the provision of a benefit, facility or service in so far as the disadvantage is because B has a shorter period of service than C.E+W+S
(2)If B's period of service exceeds 5 years, A may rely on sub-paragraph (1) only if A reasonably believes that doing so fulfils a business need.
(3)A person's period of service is whichever of the following A chooses—
(a)the period for which the person has been working for A at or above a level (assessed by reference to the demands made on the person) that A reasonably regards as appropriate for the purposes of this paragraph, or
(b)the period for which the person has been working for A at any level.
(4)The period for which a person has been working for A must be based on the number of weeks during the whole or part of which the person has worked for A.
(5)But for that purpose A may, so far as is reasonable, discount—
(a)periods of absence;
(b)periods that A reasonably regards as related to periods of absence.
(6)For the purposes of sub-paragraph (3)(b), a person is to be treated as having worked for A during any period in which the person worked for a person other than A if—
(a)that period counts as a period of employment with A as a result of section 218 of the Employment Rights Act 1996, or
(b)if sub-paragraph (a) does not apply, that period is treated as a period of employment by an enactment pursuant to which the person's employment was transferred to A.
(7)For the purposes of this paragraph, the reference to a benefit, facility or service does not include a reference to a benefit, facility or service which may be provided only by virtue of a person's ceasing to work.
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