Section 49: Personal offices: appointments, etc., Equality Act 2010

This section applies in relation to personal offices.

A personal office is an office or post—

to which a person is appointed to discharge a function personally under the direction of another person, and

in respect of which an appointed person is entitled to remuneration.

A person (A) who has the power to make an appointment to a personal office must not discriminate against a person (B)—

in the arrangements A makes for deciding to whom to offer the appointment;

as to the terms on which A offers B the appointment;

by not offering B the appointment.

A person who has the power to make an appointment to a personal office must not, in relation to the office, harass a person seeking, or being considered for, the appointment.

A person (A) who has the power to make an appointment to a personal office must not victimise a person (B)—

in the arrangements A makes for deciding to whom to offer the appointment;

as to the terms on which A offers B the appointment;

by not offering B the appointment.

A person (A) who is a relevant person in relation to a personal office must not discriminate against a person (B) appointed to the office—

as to the terms of B's appointment;

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;

by terminating B's appointment;

by subjecting B to any other detriment.

A relevant person in relation to a personal office must not, in relation to that office, harass a person appointed to it.

A person (A) who is a relevant person in relation to a personal office must not victimise a person (B) appointed to the office—

as to the terms of B's appointment;

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;

by terminating B's appointment;

by subjecting B to any other detriment.

A duty to make reasonable adjustments applies to—

a person who has the power to make an appointment to a personal office;

a relevant person in relation to a personal office.

For the purposes of subsection (2)(a), a person is to be regarded as discharging functions personally under the direction of another person if that other person is entitled to direct the person as to when and where to discharge the functions.

For the purposes of subsection (2)(b), a person is not to be regarded as entitled to remuneration merely because the person is entitled to payments—

in respect of expenses incurred by the person in discharging the functions of the office or post, or

by way of compensation for the loss of income or benefits the person would or might have received had the person not been discharging the functions of the office or post.

Subsection (3)(b), so far as relating to sex or pregnancy and maternity, does not apply to a term that relates to pay—

unless, were B to accept the offer, an equality clause or rule would have effect in relation to the term, or

if paragraph (a) does not apply, except in so far as making an offer on terms including that term amounts to a contravention of subsection (3)(b) by virtue of section 13, 14 or 18.

Section 49: Personal offices: appointments, etc.

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