Section 51 — Equality Act 2010: Public offices: recommendations for appointments, etc.

Public offices: recommendations for appointments, etc. 51 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) , (b) or (d) , 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) , (b) or (d) 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) , (b) or (d) , 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) , (b) or (d) .

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) or (d) 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.