Equality Act 2010, section 55

Employment service-providers

Part 5 Work

(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).

Definitions used in section 55 2

Employment

(2) “Employment” means—

(a)employment under a contract of employment, a contract of apprenticeship or a contract personally to do work;

(b)Crown employment;

(c)employment as a relevant member of the House of Commons staff;

(d)employment as a relevant member of the House of Lords staff.

Defined in s.83(2) · see it in the full Act

“employment” and related expressions are (subject to subsection (11)) to be read with section 83;

Defined in s.212(1) · 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

Cases considering section 55 9

Blackwood v Birmingham & Solihull Mental Health NHS Foundation Trust

[2016] EWCA Civ 607 · 23 June 2016

Section 55 supplies the primary prohibition applicable to a work-placement provider that discriminates during the placement. Section 56(5), properly construed, does not remove that liability where section 91 does not afford the student a remedy for the same discrimination. (see paras [43]-[45]; [50]-[55]; [61]-[63])

Chet v Capita Translation And Interpreting Ltd

[2015] UKEAT 0086_15_2407 · 24 July 2015Interprets

In obiter reasoning, the court considered that the protected person under an employment service supplying employers with persons to work should normally bear the same meaning across the subparagraphs. It declined to allow the unpleaded statutory point to be raised. (see paras [34]-[37]; [46]-[49]) In obiter reasoning, the court read B as the employer to whom the service of supplying a person to work is provided. (see paras [35]-[37]) In obiter reasoning, the court considered B to have the same meaning as in section 55(2)(a) where the employment service is supplying an employer with a person to work. (see paras [35]-[37]) In obiter reasoning, the court considered B to have the same meaning as in section 55(2)(a) where the employment service is supplying an employer with a person to work. (see paras [35]-[37]) In obiter reasoning, the court rejected the proposed wider reading of B in the detriment provision. It left open whether a fuller purposive argument might justify a different result in a future case. (see paras [35]-[37])

Nwabueze v University of Law Ltd & Ors

[2020] EWCA Civ 1526 · 13 November 2020

Section 55 was referred to only to identify the distinct statutory work-placement scheme considered in Blackwood. The court did not construe it. (see para [13])

3 more judgments, and what each says about section 55, are in the case-law panel in the full Act.

Explanatory note

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.

All the explanatory notes for the Act