Section 39 — Equality Act 2010: Employees and applicants

Employees and applicants 39 1 An employer (A) must not discriminate against a person (B)—

a in the arrangements A makes for deciding to whom to offer employment;

b as to the terms on which A offers B employment;

c by not offering B employment.

2 An employer (A) must not discriminate against an employee of A's (B)—

a as to B's terms of employment;

b in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;

c by dismissing B;

d by subjecting B to any other detriment.

3 An employer (A) must not victimise a person (B)—

a in the arrangements A makes for deciding to whom to offer employment;

b as to the terms on which A offers B employment;

c by not offering B employment.

4 An employer (A) must not victimise an employee of A's (B)—

a as to B's terms of employment;

b in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for any other benefit, facility or service;

c by dismissing B;

d by subjecting B to any other detriment.

5 A duty to make reasonable adjustments applies to an employer.

6 Subsection (1)(b), so far as relating to sex or pregnancy and maternity, does not apply to a term that relates to pay—

a unless, were B to accept the offer, an equality clause or rule would have effect in relation to the term, or b if paragraph (a) does not apply, except in so far as making an offer on terms including that term amounts to a contravention of subsection (1)(b) by virtue of section 13, 14 or 18.

7 In subsections (2)(c) and (4)(c), the reference to dismissing B includes a reference to the termination of B's employment—

a by the expiry of a period (including a period expiring by reference to an event or circumstance);

b by an act of B's (including giving notice) in circumstances such that B is entitled, because of A's conduct, to terminate the employment without notice.

8 Subsection (7)(a) does not apply if, immediately after the termination, the employment is renewed on the same terms.