Equality Act 2010 (c. 15)

Part 5 U.K. Work

Modifications etc. (not altering text)

C1 Pt. 5 excluded by 2005 c. 4, s. 63(4) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 10(3); S.I. 2013/1725, art. 2(g))

C2 Pt. 5 excluded by 2005 c. 4, s. 27(5A)(b) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 9; S.I. 2013/1725, art. 2(g))

C3 Pt. 5 excluded (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), s. 71(4), Sch. 5 para. 5(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2) [Editorial note: S.I. 2017/1282 was made under 2017 c. 4, Sch. 5 para. 7(1) and comes into force on 12.12.2017]

C4 Pt. 5 restricted (S.) (29.5.2020) by Gender Representation on Public Boards (Scotland) Act 2018 (asp 4), ss. 11(2), 13; S.S.I. 2020/119, reg. 2

C5 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

Chapter 1 E+W+S Employment, etc.

Office-holders E+W+S

51 Public offices: recommendations for appointments, etc. E+W+S

(1) A person (A) who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) [F1 , (b) or (d)], must not discriminate against a person (B)—

(a) in the arrangements A makes for deciding who to recommend for appointment or to whose appointment to give approval;

(b) by not recommending B for appointment to the office;

(c) by making a negative recommendation of B for appointment to the office;

(d) by not giving approval to the appointment of B to the office.

(2) A person who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) [F1 , (b) or (d)] must not, in relation to the office, harass a person seeking or being considered for the recommendation or approval.

(3) A person (A) who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) [F1 , (b) or (d)], must not victimise a person (B)—

(a) in the arrangements A makes for deciding who to recommend for appointment or to whose appointment to give approval;

(b) by not recommending B for appointment to the office;

(c) by making a negative recommendation of B for appointment to the office;

(d) by not giving approval to the appointment of B to the office.

(4) A duty to make reasonable adjustments applies to a person who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) [F1 , (b) or (d)].

(5) A reference in this section to a person who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) [F2 or (d)] is a reference only to a relevant body which has that power; and for that purpose “relevant body” means a body established—

(a) by or in pursuance of an enactment, or

(b) by a member of the executive.

Textual Amendments

F1 Words in s. 51(1)-(4) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 51(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F2 Words in s. 51(5) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 51(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)