Race Relations Act 1976

Discrimination by other bodies

10Partnerships

(1)It is unlawful for a firm consisting of six or more partners, in relation to a position as partner in the firm, to discriminate against a person—

(a)in the arrangements they make for the purpose of determining who should be offered that position ; or

(b)in the terms on which they offer him that position; or

(c)by refusing or deliberately omitting to offer him that position; or

(d)in a case where the person already holds that position—

(i)in the way they afford him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or

(ii)by expelling him from that position, or subjecting him to any other detriment.

(2)Subsection (1) shall apply in relation to persons proposing to form themselves into a partnership as it applies in relation to a firm.

(3)Subsection (1)(a) and (c) do not apply to a position as partner where, if it were employment, being of a particular racial group would be a genuine occupational qualification for the job.

(4)In the case of a limited partnership references in this section to a partner shall be construed as references to a general partner as defined in section 3 of the [1907 c. 24.] Limited Partnerships Act 1907.

11Trade unions etc.

(1)This section applies to an organisation of workers, an organisation of employers, or any other organisation whose members carry on a particular profession or trade for the purposes of which the organisation exists.

(2)It is unlawful for an organisation to which this section applies, in the case of a person who is not a member of the organisation, to discriminate against him—

(a)in the terms on which it is prepared to admit him to membership; or

(b)by refusing, or deliberately omitting to accept, his application for membership.

(3)It is unlawful for an organisation to which this section applies, in the case of a person who is a member of the organisation, to discriminate against him—

(a)in the way it affords him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them ; or

(b)by depriving him of membership, or varying the terms on which he is a member; or

(c)by subjecting him to any other detriment.

12Qualifying bodies

(1)It is unlawful for an authority or body which can confer an authorisation or qualification which is needed for, or facilitates, engagement in a particular profession or trade to discriminate against a person—

(a)in the terms on which it is prepared to confer on him that authorisation or qualification ; or

(b)by refusing, or deliberately omitting to grant, his application for it; or

(c)by withdrawing it from him or varying the terms on which he holds it.

(2)In this section—

(a)" authorisation or qualification" includes recognition, registration, enrolment, approval and certification;

(b)" confer " includes renew or extend.

(3)Subsection (1) does not apply to discrimination which is rendered unlawful by section 17 or 18.

13Vocational training bodies

(1)It is unlawful for a person to whom this subsection applies, in the case of an individual seeking or undergoing training which would help to fit him for any employment, to discriminate against him—

(a)in the terms on which that person affords him access to any training courses or other facilities; or

(b)by refusing or deliberately omitting to afford him such access; or

(c)by terminating his training.

(2)Subsection (1) applies to—

(a)industrial training boards established under section 1 of the [1964 c. 16.] Industrial Training Act 1964 ;

(b)the Manpower Services Commission, the Employment Service Agency, and the Training Services Agency ;

(c)any association which comprises employers and has as its principal object, or one of its principal objects, affording their employees access to training facilities ;

(d)any other person providing facilities for training for employment, being a person designated for the purposes of this paragraph in an order made by the Secretary of State.

(3)Subsection (1) does not apply to discrimination which is rendered unlawful by section 17 or 18.

14Employment agencies

(1)It is unlawful for an employment agency to discriminate against a person—

(a)in the terms on which the agency offers to provide any of its services; or

(b)by refusing or deliberately omitting to provide any of its services; or

(c)in the way it provides any of its services.

(2)It is unlawful for a local education authority or an education authority to do any act in the performance of its functions under section 8 of the [1973 c. 50.] Employment and Training Act 1973 which constitutes discrimination.

(3)References in subsection (1) to the services of an employment agency include guidance on careers and any other services related to employment.

(4)This section does not apply if the discrimination only concerns employment which the employer could lawfully refuse to offer the person in question.

(5)An employment agency or local education authority or an education authority shall not be subject to any liability under this section if it proves—

(a)that it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of subsection (4), its action would not be unlawful; and

(b)that it was reasonable for it to rely on the statement.

(6)A person who knowingly or recklessly makes a statement such as is referred to in subsection (5)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding £400.

15Manpower Services Commission etc.

(1)It is unlawful for any of the following bodies to discriminate in the provision of facilities or services under section 2 of the [1973 c. 50.] Employment and Training Act 1973—

(a)the Manpower Services Commission ;

(b)the Employment Service Agency ;

(c)the Training Services Agency.

(2)This section does not apply in a case where—

(a)section 13 applies; or

(b)the body is acting as an employment agency.