Equality Act 2010 - Legislation.gov.uk

1 Equality Act 2010 CHAPTER 15 CONTENTSPART 1 SOCIO-ECONOMIC INEQUALITIES1 Public sector duty regarding socio-economic inequalities2 Power to amend section 13 EnforcementPART 2 Equality : KEY CONCEPTSCHAPTER 1 PROTECTED CHARACTERISTICS4 The protected characteristics5 Age6 Disability7 Gender reassignment8 Marriage and civil partnership9 Race10 Religion or belief11 Sex12 Sexual orientationCHAPTER 2 PROHIBITED CONDUCTD iscrimination13 Direct discriminationEquality Act 2010 (c. 15)ii14 Combined discrimination: dual characteristics15 Discrimination arising from disability16 Gender reassignment discrimination: cases of absence from work17 Pregnancy and maternity discrimination: non-work cases18 Pregnancy and maternity discrimination: work cases19 Indirect discriminationAdjustments for disabled persons20 Duty to make adjustments21 Failure to comply with duty22 RegulationsDiscrimination: supplementary23 Comparison by reference to circumstances24 Irrelevance of alleged discriminator s characteristics25 References to particular strands of discriminationOther prohibited conduct26 Harassment27 VictimisationPART 3 SERVICES AND PUBLIC FUNCTIONSP reliminary28 Application of this PartProvision of services, of services, and hovercraft31 Interpretation and exceptionsPART 4 PREMISESP reliminary32 Application of this PartDisposal and management33 Disposals, for disposal35 ManagementEquality Act 2010 (c.)

2 15)iiiReasonable adjustments36 Leasehold and commonhold premises and common parts37 Adjustments to common parts in ScotlandSupplementary38 Interpretation and exceptionsPART 5 WORKCHAPTER 1 EMPLOYMENT, and applicants40 Employees and applicants: harassment41 Contract workersPolice officers42 Identity of employer43 InterpretationPartners44 Partnerships45 Limited liability partnerships46 InterpretationThe Bar47 Barristers48 AdvocatesOffice-holders49 Personal offices: appointments, offices: appointments, offices: recommendations for appointments, and exceptionsQualifications53 Qualifications bodies54 InterpretationEmployment services55 Employment service-providers56 InterpretationEquality Act 2010 (c. 15)ivTrade organisations57 Trade organisationsLocal authority members58 Official business of members59 InterpretationRecruitment60 Enquiries about disability and healthCHAPTER 2 OCCUPATIONAL PENSION SCHEMES61 Non-discrimination rule62 Non-discrimination alterations63 CommunicationsCHAPTER 3 Equality OF TERMSSex equality64 Relevant types of work65 Equal work66 Sex Equality clause67 Sex Equality rule68 Sex Equality rule: consequential alteration of schemes69 Defence of material factor70 Exclusion of sex discrimination provisions71 Sex discrimination in relation to contractual payPregnancy and maternity equality72 Relevant types of work73 Maternity Equality clause74 Maternity Equality clause: pay75 Maternity Equality rule76 Exclusion of pregnancy and maternity discrimination provisionsDisclosure of information77 Discussions about pay78 Gender pay gap informationSupplementary79 Comparators80 Interpretation and exceptionsEquality Act 2010 (c.

3 15)vCHAPTER 4 SUPPLEMENTARY81 Ships and hovercraft82 Offshore work83 Interpretation and exceptionsPART 6 EDUCATIONCHAPTER 1 SCHOOLS84 Application of this Chapter85 Pupils: admission and treatment, of pupils, etc. for conduct of parents, of certain powers under Education Act 199688 Disabled pupils: accessibility89 Interpretation and exceptionsCHAPTER 2 FURTHER AND HIGHER EDUCATION90 Application of this Chapter91 Students: admission and treatment, and higher education courses93 Recreational or training facilities94 Interpretation and exceptionsCHAPTER 3 GENERAL QUALIFICATIONS BODIES95 Application of this Chapter96 Qualifications bodies97 InterpretationCHAPTER 4 MISCELLANEOUS98 Reasonable adjustments99 Educational charities and endowmentsEquality Act 2010 (c. 15)viPART 7 ASSOCIATIONSP reliminary100 Application of this PartMembership, and associates102 Guests103 Sections 101 and 102: further provisionSpecial provision for political parties104 Selection of candidates105 Time-limited provision106 Information about diversity in range of candidates, and exceptionsPART 8 PROHIBITED CONDUCT: ANCILLARY108 Relationships that have ended109 Liability of employers and principals110 Liability of employees and agents111 Instructing, causing or inducing contraventions112 Aiding contraventionsPART 9 ENFORCEMENTCHAPTER 1 INTRODUCTORY113 ProceedingsCHAPTER 2 CIVIL COURTS114 Jurisdiction115 Immigration cases116 Education cases117 National security118 Time limits119 RemediesEquality Act 2010 (c.

4 15)viiCHAPTER 3 EMPLOYMENT TRIBUNALS120 Jurisdiction121 Armed forces cases122 References by court to tribunal, limits124 Remedies: general125 Remedies: national security126 Remedies: occupational pension schemesCHAPTER 4 Equality OF TERMS127 Jurisdiction128 References by court to tribunal, limits130 Section 129: supplementary131 Assessment of whether work is of equal value132 Remedies in non-pensions cases133 Remedies in pensions cases134 Remedies in claims for arrears brought by pensioner members135 SupplementaryCHAPTER 5 MISCELLANEOUS136 Burden of proof137 Previous findings138 Obtaining information, giving rise to separate proceedings141 Interpretation, 10 CONTRACTS, and other agreements142 Unenforceable terms143 Removal or modification of unenforceable terms144 Contracting outCollective agreements and rules of undertakings145 Void and unenforceable terms146 Declaration in respect of void term, Act 2010 (c. 15)viiiSupplementary147 Meaning of qualifying compromise contract 148 InterpretationPART 11 ADVANCEMENT OF EQUALITYCHAPTER 1 PUBLIC SECTOR Equality DUTY149 Public sector Equality duty150 Public authorities and public functions151 Power to specify public authorities152 Power to specify public authorities: consultation and consent153 Power to impose specific duties154 Power to impose specific duties: cross-border authorities155 Power to impose specific duties: supplementary156 Enforcement157 InterpretationCHAPTER 2 POSITIVE ACTION158 Positive action: general159 Positive action: recruitment and promotionPART 12 DISABLED PERSONS: TRANSPORTCHAPTER 1 TAXIS, accessibility regulations161 Control of numbers of licensed taxis: exception162 Designated transport facilities163 taxi licence conditional on compliance with taxi accessibility regulations164 Exemption from taxi accessibility regulations165 Passengers in wheelchairs166 Passengers in wheelchairs.

5 Exemption certificates167 Lists of wheelchair-accessible vehicles168 Assistance dogs in taxis169 Assistance dogs in taxis: exemption certificates170 Assistance dogs in private hire vehicles171 Assistance dogs in private hire vehicles: exemption certificates172 Appeals173 InterpretationEquality Act 2010 (c. 15)ixCHAPTER 2 PUBLIC SERVICE VEHICLES174 PSV accessibility regulations175 Offence of contravening PSV accessibility regulations176 accessibility certificates177 Approval certificates178 Special authorisations179 Reviews and appeals180 Fees181 InterpretationCHAPTER 3 RAIL VEHICLES182 Rail vehicle accessibility regulations183 Exemptions from rail vehicle accessibility regulations184 Procedure for making exemption orders185 Annual report on exemption orders186 Rail vehicle accessibility : compliance187 InterpretationCHAPTER 4 SUPPLEMENTARY188 Forgery, 13 DISABILITY: MISCELLANEOUS189 Reasonable adjustments190 Improvements to let dwelling housesPART 14 GENERAL EXCEPTIONS191 Statutory provisions192 National security193 Charities194 Charities: supplementary195 Sport196 General197 AgePART 15 FAMILY PROPERTY198 Abolition of husband s duty to maintain wifeEquality Act 2010 (c.)

6 15)x199 Abolition of presumption of advancement200 Amendment of Married Women s Property Act 1964201 Civil partners: housekeeping allowancePART 16 GENERAL AND MISCELLANEOUSC ivil partnerships202 Civil partnerships on religious premisesEU obligations203 Harmonisation204 Harmonisation: procedureApplication205 Crown application206 Information society servicesSubordinate legislation207 Exercise of power208 Ministers of the Crown, Welsh Ministers210 The Scottish MinistersAmendments, , repeals and revocationsInterpretation212 General interpretation213 References to maternity leave, of defined expressionsFinal provisions215 Money216 Commencement217 Extent218 Short titleSchedule 1 Disability: supplementary provisionPart 1 Determination of disabilityPart 2 GuidanceSchedule 2 Services and public functions: reasonable adjustmentsSchedule 3 Services and public functions: exceptionsEquality Act 2010 (c. 15)xiPart 1 Constitutional mattersPart 2 EducationPart 3 Health and carePart 4 ImmigrationPart 5 Insurance, 6 MarriagePart 7 Separate and single servicesPart 8 Television, radio and on-line broadcasting and distributionPart 9 TransportPart 10 SupplementarySchedule 4 Premises: reasonable adjustmentsSchedule 5 Premises: exceptionsSchedule 6 Office-holders: excluded officesSchedule 7 Equality of terms: exceptionsPart 1 Terms of workPart 2 Occupational pension schemesSchedule 8 Work: reasonable adjustmentsPart 1 IntroductoryPart 2 Interested disabled personPart 3 Limitations on the dutySchedule 9 Work: exceptionsPart 1 Occupational requirementsPart 2 Exceptions relating to agePart 3 Other exceptionsSchedule 10 accessibility for disabled pupilsSchedule 11 Schools.

7 ExceptionsPart 1 Sex discriminationPart 2 Religious or belief-related discriminationPart 3 Disability discriminationSchedule 12 Further and higher education exceptionsPart 1 Single-sex institutions, 2 Other exceptionsSchedule 13 Education: reasonable adjustmentsSchedule 14 Educational charities and endowmentsSchedule 15 Associations: reasonable adjustmentsSchedule 16 Associations: exceptionsSchedule 17 Disabled pupils: enforcementPart 1 IntroductoryPart 2 Tribunals in England and WalesPart 3 Tribunals in ScotlandPart 4 Admissions and exclusionsSchedule 18 Public sector Equality duty: exceptionsSchedule 19 Public authoritiesPart 1 Public authorities: generalPart 2 Public authorities: relevant Welsh authoritiesPart 3 Public authorities: relevant Scottish authoritiesSchedule 20 Rail vehicle accessibility : complianceSchedule 21 Reasonable adjustments: supplementarySchedule 22 Statutory provisionsSchedule 23 General exceptionsSchedule 24 Harmonisation: exceptionsSchedule 25 Information society servicesSchedule 26 AmendmentsSchedule 27 Repeals and revocationsEquality Act 2010 (c.)

8 15)xiiPart 1 RepealsPart 2 RevocationsSchedule 28 Index of defined expressionsELIZABETH IIc. 15 Equality Act 20102010 CHAPTER 15An Act to make provision to require Ministers of the Crown and others whenmaking strategic decisions about the exercise of their functions to have regardto the desirability of reducing socio-economic inequalities; to reform andharmonise Equality law and restate the greater part of the enactments relatingto discrimination and harassment related to certain personal characteristics; toenable certain employers to be required to publish information about thedifferences in pay between male and female employees; to prohibitvictimisation in certain circumstances; to require the exercise of certainfunctions to be with regard to the need to eliminate discrimination and otherprohibited conduct; to enable duties to be imposed in relation to the exerciseof public procurement functions; to increase Equality of opportunity.

9 Toamend the law relating to rights and responsibilities in family relationships;and for connected purposes.[8th April 2010]E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: PART 1 SOCIO-ECONOMIC INEQUALITIES1 Public sector duty regarding socio-economic inequalities(1)An authority to which this section applies must, when making decisions of astrategic nature about how to exercise its functions, have due regard to thedesirability of exercising them in a way that is designed to reduce theinequalities of outcome which result from socio-economic disadvantage.(2)In deciding how to fulfil a duty to which it is subject under subsection (1), anauthority must take into account any guidance issued by a Minister of Act 2010 (c. 15)Part 1 Socio-economic inequalities2(3)The authorities to which this section applies are (a)a Minister of the Crown;(b)a government department other than the Security Service, the SecretIntelligence Service or the Government Communications Head-quarters;(c)a county council or district council in England;(d)the Greater London Authority;(e)a London borough council;(f) the Common Council of the City of London in its capacity as a localauthority;(g)the Council of the Isles of Scilly;(h)a Strategic Health Authority established under section 13 of theNational Health Service Act 2006, or continued in existence by virtue ofthat section;(i)a Primary Care Trust established under section 18 of that Act, orcontinued in existence by virtue of that section;(j)a regional development agency established by the RegionalDevelopment Agencies Act 1998.

10 (k)a police authority established for an area in England.(4)This section also applies to an authority that (a)is a partner authority in relation to a responsible local authority, and(b)does not fall within subsection (3),but only in relation to its participation in the preparation or modification of asustainable community strategy.(5)In subsection (4) partner authority has the meaning given by section 104 of the LocalGovernment and Public Involvement in Health Act 2007; responsible local authority has the meaning given by section 103 of thatAct; sustainable community strategy means a strategy prepared undersection 4 of the Local Government Act 2000.(6)The reference to inequalities in subsection (1) does not include any inequalitiesexperienced by a person as a result of being a person subject to immigrationcontrol within the meaning given by section 115(9) of the Immigration andAsylum Act to amend section 1(1)A Minister of the Crown may by regulations amend section 1 so as to (a)add a public authority to the au