Part 5 Work (ss 39-83)
Part 5 Work (ss 39-83)
Equality Act 2010 | Legislation

39 Employees and applicants

(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

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