Part 5Work
Chapter 1Employment, etc.
Office-holders
51Public offices: recommendations for appointments, etc.
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) or (b), 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) or (b) 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) or (b), 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) or (b).
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) 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.