C5C4C2C3C1 Part 5Work
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))
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]
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
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 1Employment, etc.
Recruitment F1etc
Word in s. 60 cross-heading inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 4(2)
60AF2Discriminatory statements
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).
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))