Equality Act 2010, section 50

Public offices: appointments, etc

Part 5 Work

(1)This section and section 51 apply in relation to public offices.

(2)A public office is—

(a)an office or post, appointment to which is made by a member of the executive;

(b)an office or post, appointment to which is made on the recommendation of, or subject to the approval of, a member of the executive;

(c)an office or post, appointment to which is made on the recommendation of, or subject to the approval of, the House of Commons, the House of Lords, the National Assembly for Wales or the Scottish Parliament.

[F60 (d)an office or post, appointment to which is made by the Lord Chief Justice or the Senior President of Tribunals.F60]

(3)A person (A) who has the power to make an appointment to a public office within subsection (2)(a) [F61, (b) or (d)F61] must not discriminate against a person (B)—

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

(b)as to the terms on which A offers B the appointment;

(c)by not offering B the appointment.

(4)A person who has the power to make an appointment to a public office within subsection (2)(a) [F61, (b) or (d)F61] must not, in relation to the office, harass a person seeking, or being considered for, the appointment.

(5)A person (A) who has the power to make an appointment to a public office within subsection (2)(a) [F61, (b) or (d)F61] must not victimise a person (B)—

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

(b)as to the terms on which A offers B the appointment;

(c)by not offering B the appointment.

(6)A person (A) who is a relevant person in relation to a public office within subsection (2)(a) [F61, (b) or (d)F61] must not discriminate against a person (B) appointed to the office—

(a)as to B's terms of appointment;

(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 terminating the appointment;

(d)by subjecting B to any other detriment.

(7)A person (A) who is a relevant person in relation to a public office within subsection (2)(c) must not discriminate against a person (B) appointed to the office—

(a)as to B's terms of appointment;

(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 subjecting B to any other detriment (other than by terminating the appointment).

(8)A relevant person in relation to a public office must not, in relation to that office, harass a person appointed to it.

(9)A person (A) who is a relevant person in relation to a public office within subsection (2)(a) [F62, (b) or (d)F62] must not victimise a person (B) appointed to the office—

(a)as to B's terms of appointment;

(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 terminating the appointment;

(d)by subjecting B to any other detriment.

(10)A person (A) who is a relevant person in relation to a public office within subsection (2)(c) must not victimise a person (B) appointed to the office—

(a)as to B's terms of appointment;

(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 subjecting B to any other detriment (other than by terminating the appointment).

(11)A duty to make reasonable adjustments applies to—

(a)a relevant person in relation to a public office;

(b)a person who has the power to make an appointment to a public office within subsection (2)(a) [F63, (b) or (d)F63] .

(12)Subsection (3)(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

(b)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.

Definitions used in section 50 5

Public office

(3) “Public office” has the meaning given in section 50.

Defined in s.52(3) · see it in the full Act
Member

(10) “Member”, in relation to an occupational pension scheme, means an active member, a deferred member or a pensioner member (within the meaning, in each case, given by section 124 of the Pensions Act 1995 ).

Defined in s.212(10) · see it in the full Act
Relevant person

(6) “Relevant person”, in relation to an office, means the person who, in relation to a matter specified in the first column of the table, is specified in the second column (but a reference to a relevant person does not in any case include the House of Commons, the House of Lords, the National Assembly for Wales or the Scottish Parliament).

Defined in s.52(6) · see it in the full Act
detriment

“detriment” does not, subject to subsection (5), include conduct which amounts to harassment;

Defined in s.212(1) · see it in the full Act
equality clause

“equality clause” means a sex equality clause or maternity equality clause;

Defined in s.212(1) · see it in the full Act

Cases considering section 50 8

John Halley v The Right Honourable Lady Smith & Anor

[2026] EAT 56 · 17 April 2026

Section 50(2) requires an appointment by a member of the executive, or an appointment made on that member's recommendation or subject to that member's approval. Appointment by the inquiry chair, coupled with a ministerial remuneration determination, did not meet either route. The appellant was not a public-office holder. (see paras [48]; [54]-[58])

THE QUEEN (on the application of (1) GOOD LAW PROJECT LIMITED (2) RUNNYMEDE TRUST) v THE PRIME MINISTER

[2022] EWHC 298 (Admin) · 15 February 2022Defines

The appointments fell within the definition of public offices because appointment was made by a member of the executive (see paras [64]-[65]). Applied as the operative prohibition governing discrimination in arrangements for public-office appointments, their terms and decisions not to appoint (see paras [64]-[65]).

Gilham v Ministry of Justice

[2019] UKSC 44 · 16 October 2019

Express protection concerning appointment to public offices supported the conclusion that judicial office-holders were not already covered as persons in Crown employment. (see para [25])

What each judgment says about section 50 is in the case-law panel in the full Act.

Explanatory note

173.This section makes it unlawful to discriminate against, harass or victimise people who are or wish to become public office-holders. Like the personal office- holder provisions above, these provisions apply in so far as other work provisions do not. This means that where public office-holders are also employees, they will be protected by the provisions dealing with employment in respect of their employment relationship. In respect of sex or pregnancy and maternity discrimination, a term of an offer of an appointment to office which relates to pay is treated as discriminatory where, if accepted, it would give rise to an equality clause or if that is not the case where the offer of the term constitutes direct or dual discrimination.

174.Public office-holders are people appointed by, on the recommendation of, or with the approval of, a member of the executive branch of Government, such as a Government Minister, or people who are appointed on the recommendation, or subject to the approval of, either of the Houses of Parliament, the National Assembly for Wales, or the Scottish Parliament.

175.A public office-holder can be appointed by one person and then an entirely different person can be responsible for other matters, for example for providing facilities for the office-holder to perform his or her functions. Because of this, the section prohibits both the person with the power to make the appointment and any relevant person from discriminating against, victimising or harassing the office- holder. The relevant person is the person who is responsible for the act complained of in each case (but does not include either of the Houses of Parliament, the National Assembly for Wales or the Scottish Parliament).

176.This section also places on the person who has the power to make an appointment and any relevant person a duty to make reasonable adjustments for disabled people seeking or holding public offices.

177.This section is for the most part designed to replicate the effect of provisions in previous legislation. It also extends protection from discrimination, harassment and victimisation to those appointed on the recommendation or approval of law-making bodies such as the Scottish Parliament and the Welsh Assembly.

All the explanatory notes for the Act

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F60S. 50(2)(d) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 50(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49) this amendment is subject to savings and/or transitional provisions, see the commentary.
  2. F61Words in s. 50(3)-(6) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 50(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49) this amendment is subject to savings and/or transitional provisions, see the commentary.
  3. F62Words in s. 50(9) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 50(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49) this amendment is subject to savings and/or transitional provisions, see the commentary.
  4. F63Words in s. 50(11)(b) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 50(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49) this amendment is subject to savings and/or transitional provisions, see the commentary.