the 36 group pupillage award
Schedule 6 to the 2006 Regulations (which remains in place) sets out the procedures that need to be followed by an employer in order for the reason for the dismissal to be retirement under the sections inserted into Part 10 of the Employment Rights Act 1996 by Schedule 8 to the 2006 Regulations, and in order for the dismissal to be fair. 545.This section has its basis in section 36A of the Disability Discrimination Act 1995, which allowed licensing authorities to maintain lists of wheelchair-accessible vehicles with special licences to operate a local bus service. Changes to the scheme rules of a large scheme require consultation with all the members before they may be made. In particular it specifies the information which the Secretary of State would have to provide when notifying a rail vehicle operator that it is liable to a penalty, and outlines the operator’s right to object to the imposition, or amount of, a penalty. This section enables the Secretary of State in England and Wales, or Scottish Ministers in Scotland, to make regulations applying taxi provisions contained in or made under Chapter 1 of Part 12 of the Act or under section 20(2A) of the Civic Government (Scotland) Act 1982 to private hire vehicles used in the provision of services under a franchise agreement. 96.This section sets out what is meant by references to the types of discrimination referred to in the Act, so that references elsewhere in the Act to age, marriage and civil partnership, race, religious or belief-related, sex or sexual orientation discrimination, include references to both direct and indirect discrimination because of each of those characteristics respectively. For example, it would enable consequential amendments to primary legislation, which require an affirmative resolution, to be dealt with in a separate commencement order or orders from other provisions which do not require a parliamentary procedure. 139.This section explains what is meant by terms used in this Part. This paragraph applies where annuities, life assurance policies, accident insurance policies or similar matters which involve the assessment of risk are provided in the field of employment. This Schedule ensures that the provisions of the Act do not conflict with the requirements of European Directive 2000/31/EC of 8 June 2000, known as the E-Commerce Directive. This section requires that every occupational pension scheme is to have a sex equality rule read into it. The specified situations where health-related enquiries can be made are for the purposes of: finding out whether a job applicant would be able to participate in an assessment to test his or her suitability for the work; making reasonable adjustments to enable the disabled person to participate in the recruitment process; finding out whether a job applicant would be able to undertake a function that is intrinsic to the job, with reasonable adjustments in place as required; monitoring diversity in applications for jobs; supporting positive action in employment for disabled people; and. Ethnic or national origins include being from a Roma background or of Chinese heritage. This section makes it unlawful for the responsible body of a school to discriminate against, harass or victimise a pupil or prospective pupil in relation to the terms on which it offers him or her admission, by not admitting him or her, or in the way it treats the pupil once admitted. The husband’s common law duty to provide his wife with the necessities of life was a consequence of now obsolete rules of law which prevented the wife from having capacity to hold property and to enter into contracts. Any term of a collective agreement is rendered void to the extent that it discriminates against a person or would otherwise lead to conduct prohibited by the Act. 577.This section contains a power for the Secretary of State make fees regulations and to charge fees in accordance with them for processing applications for approval as a “type vehicle”, processing accessibility and approval certificates, issuing duplicate certificates and conducting reviews and appeals. It also allows restrictions on foreign nationals holding public offices. 745.This is designed to replicate the effect of provisions previously contained in the Sex Discrimination Act 1975 and the Equality Act 2006, and extends the clarification they provide across all other protected characteristics for the first time. This section explains what is meant by various terms used in this Part of the Act, or applies definitions provided elsewhere. 326.This section provides that this Part of the Act, which prohibits discrimination, harassment and victimisation by associations, does not make it unlawful for an association to discriminate against or harass people because of marriage or civil partnership. It also explains what is meant by reference to the carrying-out of official business by members of a local authority. It is thought convenient to specify in one place those powers to amend primary legislation that include a power to make consequential amendments to primary legislation. This section replaces similar provisions in previous legislation. Except in the situations specified in this section, an employer must not ask about a job applicant’s health until that person has been either offered a job (on a conditional or unconditional basis) or been included in a pool of successful candidates to be offered a job when a suitable position arises. This will, for instance, allow political parties to reserve places on relevant electoral shortlists for people with a specific protected characteristic such as race, disability etc. It allows a Minister of the Crown also to add, vary or remove the exceptions that relate to the provision of public functions only, in relation to gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation. In common with any Act containing powers to make secondary legislation, this section is needed to set out the arrangements for how Parliament is to control the use of powers in the Act. The Marriage Act 1949 imposes an obligation on a clergyman in the Church of England or a clerk in Holy Orders of the Church in Wales to marry anyone residing in his or her parish, or who fits other stated connection criteria. 4, Pt. This paragraph allows an employer with an ethos based on religion or belief to discriminate in relation to work by applying a requirement to be of a particular religion or belief, but only if, having regard to that ethos: It is for an employer to show that it has an ethos based on religion or belief by reference to such evidence as the organisation’s founding constitution. Such a person will be protected under the employment provisions in section 39 as against his employer, and under the office-holder provisions in sections 49 or 50 and 51 as against the person who appointed him and/or any relevant person. 445.This section provides that if a person has brought a case under any of the previous legislation listed in this section (which this Act replaces), and a finding by a tribunal or court has been finalised, the issues decided in that case cannot be re-opened and litigated again under the provisions in this Act. 428.Where an employment tribunal has to decide if the work of a claimant and comparator are of equal value, this section gives it the power to require an independent expert, designated by the Advisory, Conciliation and Arbitration Service, to prepare a report on the matter. This would be direct discrimination. The Department therefore advises that such services should be available at other times of the day. 343.Candidates will be free to refuse to disclose any or all the information requested by the party. It also provides that a Minister of the Crown may not apply the duty to any devolved Welsh or Scottish functions. An employee has reached the age of 65. Limiting those students to particular courses or classes is permitted. They should be reviewed regularly, and revised if needed. The provider of a Catholic theological training course required exclusively for those training to be Catholic priests may limit access to the course to Catholics because the training relates to work the offer of which can be limited to Catholics by virtue of an occupational requirement. They do not form part of the Act and have not been endorsed by Parliament. Access essential accompanying documents and information for this legislation item from this tab. Whilst watching the football match the bartender and a number of customers make racist remarks about some of the footballers on the pitch. 108.It also makes it unlawful to discriminate against, harass or victimise a person when exercising a public function which does not involve the provision of a service. They should be reviewed regularly, and revised if needed. With the exception of single-sex shortlists, arrangements made under this section must be a proportionate means of reducing under-representation. The exception to that rule is a case involving an armed forces complaint, which must be brought within six months. If employers were no longer able to impose – or had to objectively justify – a “cut off” for the provision of such cover to those who have retired early, there is a real risk they would simply “level down”: in other words, they would cease to offer it to anyone. 54.This section is a new provision which explains that references in the Act to people having the protected characteristic of sex are to mean being a man or a woman, and that men share this characteristic with other men, and women with other women. The remainder will be brought into force on a day or days appointed by commencement order made by a Minister of the Crown, or in the case of Part 15, an order made by the Lord Chancellor. Section 2(2)(b) of the European Communities Act 1972 would not allow amendment of all relevant parts of the legislation in these circumstances, because the change required in respect of, say nationality or colour, would not be consequential on or arising out of the EU obligation. They are not, and are not meant to be, a comprehensive description of the Act. A local authority will not be prevented from establishing single-sex schools, but must provide similar numbers of places for boys and girls. A school with a number of disabled pupils could negotiate special arrangements for pupils who are taking exams. It contains general provisions on application to the Crown, subordinate legislation, interpretation, commencement and extent. An employer enforces a “no beards” policy by asking staff to shave. This replaces similar provisions in section 64 of the Pensions Act 1995. This presumption acted as an exception to the normal rule – that where one person transfers property to another without gaining anything in return, the recipient is presumed to be holding the property on trust for the transferor unless there is evidence that a gift was intended. The extent to which it is proportionate to take positive action measures which may result in people not having the relevant characteristic being treated less favourably will depend, among other things, on the seriousness of the relevant disadvantage, the extremity of need or under-representation and the availability of other means of countering them. This section makes it unlawful for a limited liability partnership (LLP), or a group of people setting up an LLP, to discriminate against, harass or victimise a member (or prospective member). 394.This section is designed to replicate the effect of provisions in the previous legislation. This section is based on similar provisions which allowed trustees and managers to secure conformity with the non-discrimination rules in the Disability Discrimination Act 1995, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006. However, it may not award the payment of compensation. The section replicates similar provisions in previous legislation but also accommodates the new concept of dual discrimination. This exception has been carried forward into the Act because it is recognised that insurers may need to distinguish between people on the basis of the risks against which they are insuring. [15] The Office of the Legal Services Ombudsman closed in 2011. In addition, the duty applies to other public bodies which work in partnership with a local authority to draw up the sustainable community strategy for an area, when they are drawing up that strategy. This paragraph allows employers to base their pay structures on the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 1999 (“the 1999 Regulations”). Early in her maternity leave, a woman receiving maternity-related pay becomes entitled to an increase of pay. This section sets out what is meant by references to the types of discrimination referred to in the Act, so that references elsewhere in the Act to age, marriage and civil partnership, race, religious or belief-related, sex or sexual orientation discrimination, include references to both direct and indirect discrimination because of each of those characteristics respectively. 268.This provision explains the relationship between the two sets of provisions and is intended to ensure that they provide seamless protection against pregnancy and maternity-related inequality. The other sections in this Chapter refer to relevant Welsh and Scottish bodies, cross-border Welsh and Scottish bodies and devolved Welsh and Scottish functions. It also permits payment of different amounts where actuarial factors are applied to the determination of certain prescribed benefits. These are likely to be reasonable adjustments for the club to make. Thus, section 29(9) provides for the prohibitions in respect of the provision of services or the exercise of public functions to apply in relation to race and religion or belief to the granting of entry clearance, even where the act in question takes place outside the United Kingdom.
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