Equality Bill

69A: Clause 60, page 40, line 10, leave out subsections (1) to (4) and insert— "(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 a position to offer work to B, before including B in a pool of applicants from whom A intends (when in a position to do so) to select a person to whom to offer work. (2) A contravention of subsection (1) (or a contravention of section 110 or 111 that relates to a contravention of section 60(1)) is enforceable as an unlawful act under Part 1 of the Equality Act 2006 (and, by virtue of section 119(8), is enforceable only by the Commission under that Part). (3) A does not contravene a relevant disability provision merely by asking about B’s health; but A’s conduct in reliance on information given in response may be a contravention of a relevant disability provision. (4) Subsection (4A) applies if B brings proceedings before an employment tribunal on a complaint that A’s conduct in reliance on information given in response to a question about B’s health is a contravention of a relevant disability provision. (4A) In the application of section 135 to the proceedings, the particulars of the complaint are to be treated for the purposes of subsection (2) of that section as facts from which the tribunal could decide that A contravened the provision." 69B: Clause 60, page 40, line 33, at beginning insert "establishing whether B will be able to comply with a requirement to undergo an assessment or" 69C: Clause 60, page 40, line 35, at end insert— "(aa) establishing whether B will be able to carry out a function that is intrinsic to the work concerned," 69D: Clause 60, page 40, line 42, at end insert— "( ) In subsection (5)(aa), where A reasonably believes that a duty to make reasonable adjustments would be imposed on A in relation to B in connection with the work, the reference to a function that is intrinsic to the work is to be read as a reference to a function that would be intrinsic to the work once A complied with the duty." 69E: Clause 60, page 41, line 6, leave out from "the" to third "to" in line 8 and insert "references in subsection (1) to offering a person work are, in relation to contract work, to be read as references to allowing a person" 69F: Clause 60, page 41, line 8, at end insert— "( ) A reference to offering work is a reference to making a conditional or unconditional offer of work (and, in relation to contract work, is a reference to allowing a person to do the work subject to fulfilment of one or more conditions)." 69G: Clause 60, page 41, line 20, at end insert— "( ) An assessment is an interview or other process designed to give an indication of a person’s suitability for the work concerned." 69H: Clause 60, page 41, line 25, leave out subsection (11) Amendments 69A to 69H agreed. Clause 60, as amended, agreed. Clauses 61 to 63 agreed. Clause 64: Relevant types of work Amendment 70 Clause 64: Relevant types of work