(1) A person (an “employment service-provider”) concerned with the provision of an employment service must not discriminate against a person—
(a)in the arrangements the service-provider makes for selecting persons to whom to provide, or to whom to offer to provide, the service;
(b)as to the terms on which the service-provider offers to provide the service to the person;
(c)by not offering to provide the service to the person.
(2)An employment service-provider (A) must not, in relation to the provision of an employment service, discriminate against a person (B)—
(a)as to the terms on which A provides the service to B;
(b)by not providing the service to B;
(c)by terminating the provision of the service to B;
(d)by subjecting B to any other detriment.
(3)An employment service-provider must not, in relation to the provision of an employment service, harass—
(a)a person who asks the service-provider to provide the service;
(b)a person for whom the service-provider provides the service.
(4)An employment service-provider (A) must not victimise a person (B)—
(a)in the arrangements A makes for selecting persons to whom to provide, or to whom to offer to provide, the service;
(b)as to the terms on which A offers to provide the service to B;
(c)by not offering to provide the service to B.
(5)An employment service-provider (A) must not, in relation to the provision of an employment service, victimise a person (B)—
(a)as to the terms on which A provides the service to B;
(b)by not providing the service to B;
(c)by terminating the provision of the service to B;
(d)by subjecting B to any other detriment.
(6)A duty to make reasonable adjustments applies to an employment service-provider, except in relation to the provision of a vocational service.
(7)The duty imposed by section 29(7)(a) applies to a person concerned with the provision of a vocational service; but a failure to comply with that duty in relation to the provision of a vocational service is a contravention of this Part for the purposes of Part 9 (enforcement).
188.This section makes it unlawful to discriminate against, harass or victimise a person when providing an employment service. It also places a duty on providers of employment services to make reasonable adjustments for disabled people. The duty is an anticipatory duty except for providers of a vocational service, so that in relation to the provision of vocational services, employment service-providers do not need to deal in advance with reasonable adjustments for disabled people. Employment services and vocational services are defined in section 56.
189.This section replaces the separate provisions for vocational training, employment agencies and assisting persons to obtain employment in previous legislation with a single provision covering all these aspects.