- Latest available (Revised)
- Point in Time (24/05/2024)
- Original (As enacted)
Point in time view as at 24/05/2024.
Equality Act 2010, Section 60A is up to date with all changes known to be in force on or before 02 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)A person (A) must not make a discriminatory statement in connection with a relevant decision that A makes or might make.
(2)References in this section to a “relevant decision” are to be determined as follows—
Where A is— | A relevant decision is— |
---|---|
An employer | Deciding to whom to offer employment |
A principal (as defined by section 41(5)) | Deciding whether to allow a contract worker (as defined by section 41(7)) to do, or to continue to do, work |
A firm or proposed firm (as defined by section 46(2) and (3)) | Deciding to whom to offer a position as a partner (read in accordance with section 44(8)) |
An LLP or proposed LLP (as defined by section 46(4) and (5)) | Deciding to whom to offer a position as a member |
A barrister or a barrister’s clerk (read in accordance with section 47(8)) | Deciding to whom to offer a pupillage or tenancy |
An advocate (as defined by section 48(9)) or an advocate’s clerk (read in accordance with section 48(8)) | Deciding who to take as a devil or to whom to offer membership of a stable |
A person with power to make an appointment to a personal office (as defined by section 49(2)) | Deciding to whom to offer the appointment |
A person with power to make an appointment to a public office within section 50(2)(a), (b) or (d) | Deciding to whom to offer the appointment |
A person with power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a), (b) or (d) (read in accordance with section 51(5)) | Deciding who to recommend for appointment or to whose appointment to give approval |
A qualifications body (as defined by section 54) | Deciding to whom to confer a relevant qualification (as defined by section 54) |
A person concerned with the provision of an employment service (read in accordance with section 56) | Deciding on the selection of persons to whom to provide, or to whom to offer to provide, the employment service |
A trade organisation (as defined by section 57(7)) | Deciding to whom to offer membership of the organisation. |
(3)For the purposes of subsection (1) a statement is discriminatory if—
(a)it is directed to the public or a section of the public, and
(b)were it made in connection with a relevant decision, the making of it would amount to treatment of a person that is direct discrimination.
(4)A statement made by a person (B) who—
(a)is not an employee of A acting in the course of B’s employment, and
(b)is not an agent of A acting with A’s authority,
is to be treated for the purposes of this section as if made by A if there are reasonable grounds for the public, or a section of the public, to believe that B is capable of exercising decisive influence on the making by A of a relevant decision.
(5)Regard is to be had (among other things) to the factors mentioned in subsection (6) when determining—
(a)whether a statement is made in connection with a relevant decision for the purposes of subsection (1);
(b)whether there are reasonable grounds for the belief mentioned in subsection (4).
(6)The factors are—
(a)the status of the person making the statement at the time it is made;
(b)the nature and content of the statement;
(c)the context in which the statement is made;
(d)in the case of a statement that A is treated as having made by virtue of subsection (4), the steps (if any) taken by A to disassociate A from the statement made by B.
(7)It does not matter for the purposes of this section whether or not—
(a)an individual has or may have been affected by the discriminatory statement in question;
(b)A has made, or plans to make, arrangements which would involve the making of a relevant decision.
(8)A contravention of subsection (1) (or a contravention of section 111 or 112 that relates to a contravention of subsection (1)) is enforceable as an unlawful act under Part 1 of the Equality Act 2006 (and, by virtue of section 120(8), is enforceable only by the Commission under that Part).
(9)In subsection (3) the reference to direct discrimination is to a contravention of this Act by virtue of section 13 or 18.
(10)Nothing in this section limits or otherwise affects—
(a)other prohibitions imposed by this Chapter;
(b)the application of section 109 (liability of employers and principals for acts of employees and agents).]
Textual Amendments
F1S. 60A inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 4(4)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: