Provisions the documents cite: Part 5 (work) — s.39 (employees and applicants), s.40 (harassment), s.40A (employer duty to prevent sexual harassment of employees), s.41 (contract workers), s.60 (enquiries about disability and health), ss.64–80 (equality of terms), s.77 (discussions about pay), s.78 (gender pay gap information); s.149 (public sector equality duty) only where public functions are exercised
What it requires
s.39 — an employer must not discriminate against or victimise a person in the arrangements for deciding to whom to offer employment, the terms on which employment is offered, or by not offering it; nor an employee as to terms of employment, access to opportunities for promotion, transfer, training or any other benefit, facility or service, by dismissal, or by any other detriment. A duty to make reasonable adjustments applies to an employer (s.39(5)). s.41 — a principal must not discriminate against, harass or victimise a contract worker, and the duty to make reasonable adjustments applies to the principal as well as to the contract worker's employer. Part 5 also contains the prohibition of harassment of employees and applicants (s.40), the employer's duty to prevent sexual harassment of employees (s.40A), the restriction on enquiries about disability and health (s.60), and the equality of terms provisions (ss.64–80). s.149 — a public authority must, in exercising its functions, have due regard to the need to eliminate discrimination, harassment and victimisation, advance equality of opportunity and foster good relations between people who share a relevant protected characteristic and those who do not; a person who is not a public authority is bound only in the exercise of public functions (s.149(2)).
The instrument itself: https://www.legislation.gov.uk/ukpga/2010/15. The summary above is our plain-English reading, not the text of the instrument — always work from the source.
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The 4 documents that cite it
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