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Employment services

"EqA" or "Equality Act" means the Equality Act 2010 (link to legislation.gov.uk)

The "Employment Code"
means the 2011 Equality Act Code of Practice on employment (pdf, link to EHRC website), which came into force on 6th April, 2011. (More on EqA Codes of Practice)

This page outlines the disability discrimination rules on provision of 'employment services'. These include eg. some vocational guidance, training services, and services designed to assist people to find or keep jobs. Claims go to the Employment Tribunal rather than County Court.

Note: this page covers the Equality Act 2010 position from 1st October 2010. See also pre-Equality Act position and Which Act applies: Equality Act or DDA?

Outline

Discrimination by providers of 'employment services' is covered by separate rules in EqA s.55-56. Examples of employment services are

Where an employment 'agency' acts not as an agent, but as an employer supplying an individual to do work, the contract worker rules will apply.

What is different about employment services?

Nearly all employment services would be covered anyway by the Equality Act rules on provision of services. However, claims on employment services go to the employment tribunal. This is generally seen as easier than having to go to the County Court, where claims on provision of services (in England or Wales) would normally go.

A smaller difference is that the reasonable adjustment duty (next heading) can be different for employment services. Very often though it will make no difference to a person's rights in practice whether something is or is not an employment service - apart from the claim going to an employment tribunal. The normal types of discrimination claim are covered, for example direct discrimination and 'discrimination arising from disability'.

An instructor in a CV writing workshop run by a training company makes fun of the speech of a student who stammers. This may be unlawful discrimination in the provision of an employment service (eg harassment or direct discrimination). Any claim would probably go to an Employment Tribunal.

A recruitment agency restricts the interview opportunities it offers to a client who stammers, looking for a permanent job. This may be unlawful discrimination. Any claim would go to an Employment Tribunal.

Reasonable adjustment duty

The reasonable employment duty applies to employment service providers. At least for some employment services the reasonable adjustment duty is 'anticipatory'. This means the provider should consider reasonable adjustments even in advance of a particular disabled person presenting themself.

However there is some uncertainty and disagreement on what the rules are. If you really want a technical discussion, see Employment services: Technical issues on reasonable adjustment duty.

What are 'employment services'?

Broadly employment services can include vocational training or guidance (including careers advice), services designed to assist people to find jobs, or in some cases to keep jobs or establish themselves in self-employment, services for supplying employers with people to do work, and some assessment services. Some services of Jobcentre Plus will be covered.

There is more detail in EqA s.56 and para 11.59 of the Employment Code.

Training and guidance

'Training or guidance' (presumably including careers advice) is not within the employment services provisions if -

So broadly, if the Equality Act's education provisions (in Part 6) apply, then the employment services provisions do not apply. There may arguably be cases where the Equality Act's general provisions on services (Part 3) apply instead of Part 6 - if the services are accessed through a school for example but a third party who provides them and who discriminates is not within the Part 6 education provisions.

What types of vocational training are left to be covered as employment services under s.55? The Employment Code gives as examples:

"providing classes on CV writing and interviewing techniques, training in IT/keyboard skills, providing work placements and literacy and numeracy classes to help adults into work."
Para 11.60, Employment Code

Work experience

Work experience: covered as an 'employment service'

"Work experience (including work experience the duration of which is not agreed until after it begins)" is within the definition of 'employment services' (EqA s.56). So is "making arrangements for the provision of" work experience. See too the Employment Code para 11.59.

A provider of work experience may be subject to the general employment provisions anyway, mainly if they are paying the individual or if there is a sufficient contract (see Volunteers). But if they are not, they should be subject to these 'employment services' provisions. The normal prohibitions on discrimination will apply.

Work experience: reasonable adjustment duty

The reasonable adjustment duty for those providing work experience is not anticipatory (see above Reasonable adjustment duty). It is broadly similar to the duty for employment generally. Under Sch 8 para 2 the duty is owed to an 'interested disabled person' which is defined in EqA Sch 8 para 16.

Work experience: exception where accessed though education insitution

'Work experience' is treated as 'training' so it is probably not an 'employment service if a school, university, further education college etc has "power to afford access" to it (s.56(4)(5) EqA).

Discrimination by the university, college etc would still be covered by the Equality Act rules on education - though claims would not go to the Employment Tribunal.

The position is less clear as regards any third party - eg a private company providing work experience to which a university affords access. If the company is not paying the student and is not otherwise their 'employer', there would be a question whether the provider of the work experience has Equality Act obligations at all, eg. to make reasonable adjustments and not to harass.

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Last updated 14th April, 2012