VadeLab

Equality Act 2010

Sections and provisions with full text and the judgments that cite each one.

Section 44 — Partnerships

Partnerships 44 1 A firm or proposed firm must not discriminate against a person— a in the arrangements it makes for deciding to whom to offer a position as a partner; b as to the terms on which it…

Section 45 — Limited liability partnerships

Limited liability partnerships 45 1 An LLP or proposed LLP must not discriminate against a person— a in the arrangements it makes for deciding to whom to offer a position as a member; b as to the…

Section 46 — Interpretation

Interpretation 46 1 This section applies for the purposes of sections 44 and 45. 2 “ Partnership ” and “ firm ” have the same meaning as in the Partnership Act 1890. 3 “ Proposed firm ” means persons…

Section 47 — Barristers

Barristers 47 1 A barrister (A) must not discriminate against a person (B)— a in the arrangements A makes for deciding to whom to offer a pupillage or tenancy; b as to the terms on which A offers B a…

Section 48 — Advocates

Advocates 48 1 An advocate (A) must not discriminate against a person (B)— a in the arrangements A makes for deciding who to take as A's devil or to whom to offer membership of a stable; b as to the…

Section 49 — Personal offices: appointments, etc.

Personal offices: appointments, etc. 49 1 This section applies in relation to personal offices. 2 A personal office is an office or post— a to which a person is appointed to discharge a function…

Section 50 — Public offices: appointments, etc.

Public offices: appointments, etc. 50 1 This section and section 51 apply in relation to public offices. 2 A public office is— a an office or post, appointment to which is made by a member of the…

Section 51 — 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) ,…

Section 52 — Interpretation and exceptions

Interpretation and exceptions 52 1 This section applies for the purposes of sections 49 to 51. 2 “ Personal office ” has the meaning given in section 49. 3 “ Public office ” has the meaning given in…

Section 53 — Qualifications bodies

Qualifications bodies 53 1 A qualifications body (A) must not discriminate against a person (B)— a in the arrangements A makes for deciding upon whom to confer a relevant qualification; b as to the…

Section 54 — Interpretation

Interpretation 54 1 This section applies for the purposes of section 53. 2 A qualifications body is an authority or body which can confer a relevant qualification. 3 A relevant qualification is an…

Section 55 — Employment service-providers

Employment service-providers 55 1 A person (an “employment service-provider”) concerned with the provision of an employment service must not discriminate against a person— a in the arrangements the…

Section 56 — Interpretation

Interpretation 56 1 This section applies for the purposes of section 55. 2 The provision of an employment service includes— a the provision of vocational training; b the provision of vocational…

Section 57 — Trade organisations

Trade organisations 57 1 A trade organisation (A) must not discriminate against a person (B)— a in the arrangements A makes for deciding to whom to offer membership of the organisation; b as to the…

Section 58 — Official business of members

Official business of members 58 1 A local authority must not discriminate against a member of the authority in relation to the member's carrying out of official business— a in the way the authority…

Section 59 — Interpretation

Interpretation 59 1 This section applies for the purposes of section 58. 2 “ Local authority ” means— a a county council in England; b a district council in England; c the Greater London Authority; d…

Section 60 — Enquiries about disability and health

Enquiries about disability and health 60 1 A person (A) to whom an application for work is made must not ask about the health of the applicant (B)— a before offering work to B, or b where A is not in…

Section 60A — Discriminatory statements

Discriminatory statements 60A 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…

Section 61 — Non-discrimination rule

Non-discrimination rule 61 1 An occupational pension scheme must be taken to include a non-discrimination rule. 2 A non-discrimination rule is a provision by virtue of which a responsible person (A)—…

Section 62 — Non-discrimination alterations

Non-discrimination alterations 62 1 This section applies if the trustees or managers of an occupational pension scheme do not have power to make non-discrimination alterations to the scheme. 2 This…

Section 63 — Communications

Communications 63 1 In their application to communications the following provisions apply in relation to a disabled person who is a pension credit member of an occupational pension scheme as they…

Section 64 — Relevant types of work

Relevant types of work 64 1 Sections 66 to 70 apply where— a a person (A) is employed on work that is equal to the work that a comparator of the opposite sex (B) does; b a person (A) holding a…

Section 65 — Equal work

Equal work 65 1 For the purposes of this Chapter, A's work is equal to that of B if it is— a like B's work, b rated as equivalent to B's work, or c of equal value to B's work. 2 A's work is like B's…

Section 66 — Sex equality clause

Sex equality clause 66 1 If the terms of A's work do not (by whatever means) include a sex equality clause, they are to be treated as including one. 2 Where this section applies by virtue of section…

Section 67 — Sex equality rule

Sex equality rule 67 1 If an occupational pension scheme does not include a sex equality rule, it is to be treated as including one. 2 Where this section applies by virtue of section 64(1), a sex…

Section 68 — Sex equality rule: consequential alteration of schemes

Sex equality rule: consequential alteration of schemes 68 1 This section applies if the trustees or managers of an occupational pension scheme do not have power to make sex equality alterations to…

Section 69 — Defence of material factor

Defence of material factor 69 1 The sex equality clause in A's terms has no effect in relation to a difference between A's terms and B's terms if the responsible person shows that the difference is…

Section 70 — Exclusion of sex discrimination provisions

Exclusion of sex discrimination provisions 70 1 The relevant sex discrimination provision has no effect in relation to a term of A's that— a is modified by, or included by virtue of, a sex equality…

Section 70A — Money and property derived from housekeeping allowance

Money and property derived from housekeeping allowance 70A Section 1 of the Matrimonial Property Act 1964 (money and property derived from housekeeping allowance to be treated as belonging to husband…

Section 71 — Sex discrimination in relation to contractual pay

Sex discrimination in relation to contractual pay 71 1 This section applies in relation to a term of a person's work— a that relates to pay, but b in relation to which a sex equality clause or rule…

Section 72 — Relevant types of work

Relevant types of work 72 Sections 73 to 76 apply where a woman— a is employed, or b holds a personal or public office.

Section 73 — Maternity equality clause

Maternity equality clause 73 1 If the terms of the woman's work do not (by whatever means) include a maternity equality clause, they are to be treated as including one. 2 A maternity equality clause…

Section 74 — Maternity equality clause: pay

Maternity equality clause: pay 74 1 A term of the woman's work that provides for maternity-related pay to be calculated by reference to her pay at a particular time is, if each of the following three…

Section 75 — Maternity equality rule

Maternity equality rule 75 1 If an occupational pension scheme does not include a maternity equality rule, it is to be treated as including one. 2 A maternity equality rule is a provision that has…

Section 76 — Exclusion of pregnancy and maternity discrimination provisions

Exclusion of pregnancy and maternity discrimination provisions 76 1 The relevant pregnancy and maternity discrimination provision has no effect in relation to a term of the woman's work that is…

Section 77 — Discussions about pay

Discussions about pay 77 1 A term of a person's work that purports to prevent or restrict the person (P) from disclosing or seeking to disclose information about the terms of P's work is…

Section 78 — Gender pay gap information

Gender pay gap information 78 1 Regulations may require employers to publish information relating to the pay of employees for the purpose of showing whether, by reference to factors of such…

Section 78A — Equality action plans

Equality action plans 78A 1 Regulations may require employers to— a develop and publish a plan (an “equality action plan”) showing the steps that the employers are taking in relation to their…

Section 79 — Comparators

Comparators 79 1 This section applies for the purposes of this Chapter. 2 If A is employed, B is a comparator if subsection (3), (4), (4A) or (4B) applies. 3 This subsection applies if— a B is…

Section 80 — Interpretation and exceptions

Interpretation and exceptions 80 1 This section applies for the purposes of this Chapter. 2 The terms of a person's work are— a if the person is employed, the terms of the person's employment that…

Section 81 — Ships and hovercraft

Ships and hovercraft 81 1 This Part applies in relation to— a work on ships, b work on hovercraft, and c seafarers, only in such circumstances as are prescribed. 2 For the purposes of this section,…

Section 82 — Offshore work

Offshore work 82 1 Her Majesty may by Order in Council provide that in the case of persons in offshore work— a specified provisions of this Part apply (with or without modification); b Northern…

Section 83 — Interpretation and exceptions

Interpretation and exceptions 83 1 This section applies for the purposes of this Part. 2 “ Employment ” means— a employment under a contract of employment, a contract of apprenticeship or a contract…

Section 84 — Application of this Chapter

Application of this Chapter 84 This Chapter does not apply to the following protected characteristics— a age; b marriage and civil partnership.

Section 85 — Pupils: admission and treatment, etc.

Pupils: admission and treatment, etc. 85 1 The responsible body of a school to which this section applies must not discriminate against a person— a in the arrangements it makes for deciding who is…

Section 86 — Victimisation of pupils, etc. for conduct of parents, etc.

Victimisation of pupils, etc. for conduct of parents, etc. 86 1 This section applies for the purposes of section 27 in its application to section 85(4) or (5). 2 The references to B in paragraphs (a)…

Section 87 — Application of enforcement powers under education legislation

Application of enforcement powers under education legislation 87 A1 Subsections (1) and (2) do not apply in the case of a school in Wales. 1 Sections 496 and 497 of the Education Act 1996 (powers to…

Section 88 — Disabled pupils: accessibility

Disabled pupils: accessibility 88 Schedule 10 (accessibility) has effect.

Section 89 — Interpretation and exceptions

Interpretation and exceptions 89 1 This section applies for the purposes of this Chapter. 2 Nothing in this Chapter applies to anything done in connection with the content of the curriculum. 3…

Section 90 — Application of this Chapter

Application of this Chapter 90 This Chapter does not apply to the protected characteristic of marriage and civil partnership.