Equality Act 2010, section 80

Interpretation and exceptions

Part 5 Work

(1)This section applies for the purposes of this Chapter.

(2)The terms of a person's work are—

(a)if the person is employed, the terms of the person's employment that are in the person's contract of employment, contract of apprenticeship or contract to do work personally;

(b)if the person holds a personal or public office, the terms of the person's appointment to the office.

(3)If work is not done at an establishment, it is to be treated as done at the establishment with which it has the closest connection.

(4)A person (P) is the responsible person in relation to another person if—

(a)P is the other's employer;

(b)P is responsible for paying remuneration in respect of a personal or public office that the other holds.

(5)A job evaluation study is a study undertaken with a view to evaluating, in terms of the demands made on a person by reference to factors such as effort, skill and decision-making, the jobs to be done—

(a)by some or all of the workers in an undertaking or group of undertakings, or

(b)in the case of the armed forces, by some or all of the members of the armed forces.

(6)In the case of Crown employment, the reference in subsection (5)(a) to an undertaking is to be construed in accordance with section 191(4) of the Employment Rights Act 1996.

F84(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Schedule 7 (exceptions) has effect.

Definitions used in section 80 4

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
armed forces

“armed forces” means any of the naval, military or air forces of the Crown;

Defined in s.212(1) · 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
Crown employment

(9) “Crown employment” has the meaning given in section 191 of the Employment Rights Act 1996 .

Defined in s.83(9) · see it in the full Act

Cases considering section 80 6

K Element & Ors. v Tesco Stores Limited

[2022] EAT 165 · 31 October 2022Interprets

A job evaluation study must be undertaken to evaluate jobs by reference to demands made on workers under relevant headings. The statutory language requires a genuine, thorough and analytical assessment, but not a separate requirement of capability of impartial application. An incomplete exploratory exercise omitting significant demands was not a study within the provision. (see paras [113]; [119]; [122]-[127])

City of London Police v Geldart

[2021] EWCA Civ 611 · 28 April 2021Defines

Terms of work include terms of appointment to a public office, and therefore police officers’ statutory terms. The court used this in explaining the equality-of-terms scheme. (see para [86])

Butt & Ors v Reading Borough Council

[2020] EWCA Civ 1642 · 22 October 2020Limits

Limits the inference drawn from the reference to section 80. Its inclusion in the pleading was not treated as evidence that the claims covered the earlier period (see paras [16]; [22]).

1 more judgment, and what each says about section 80, are in the case-law panel in the full Act.

Explanatory note

283.This section explains the meaning of terms used in Chapter 3 of Part 5 of the Act. It also gives effect to Schedule 7, which sets out exceptions to the equality of terms provisions.

All the explanatory notes for the Act

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F84S. 80(7) omitted (13.3.2014) by virtue of The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 35(3)

Commencement

  1. I18S. 80 wholly in force; s. 80 not in force at Royal Assent see s. 216; s. 80(8) in force for certain purposes at 4.8.2010 by S.I. 2010/1966, art. 2; s. 80 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(5)(e) (with art. 15)