Section 45 Limited liability partnerships

(1)

An LLP or proposed LLP must not discriminate against a person—

(a)

in the arrangements it makes for deciding to whom to offer a position as a member;

(b)

as to the terms on which it offers the person a position as a member;

(c)

by not offering the person a position as a member.

(2)

An LLP (A) must not discriminate against a member (B)—

(a)

as to the terms on which B is a member;

(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 expelling B;

(d)

by subjecting B to any other detriment.

(3)

An LLP must not, in relation to a position as a member, harass—

(a)

a member;

(b)

a person who has applied for the position.

(4)

A proposed LLP must not, in relation to a position as a member, harass a person who has applied for the position.

(5)

An LLP or proposed LLP must not victimise a person—

(a)

in the arrangements it makes for deciding to whom to offer a position as a member;

(b)

as to the terms on which it offers the person a position as a member;

(c)

by not offering the person a position as a member.

(6)

An LLP (A) must not victimise a member (B)—

(a)

as to the terms on which B is a member;

(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 expelling B;

(d)

by subjecting B to any other detriment.

(7)

A duty to make reasonable adjustments applies to—

(a)

an LLP;

(b)

a proposed LLP.

Notes on Part 5

Modifications

C1: Pt. 5 excluded by 2005 c. 4, s. 63(4) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 10(3); S.I. 2013/1725, art. 2(g))
C2: Pt. 5 excluded by 2005 c. 4, s. 27(5A)(b) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 9; S.I. 2013/1725, art. 2(g))
C3: Pt. 5 excluded (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), s. 71(4), Sch. 5 para. 5(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2) [Editorial note: S.I. 2017/1282 was made under 2017 c. 4, Sch. 5 para. 7(1) and comes into force on 12.12.2017]
C4: Pt. 5 restricted (S.) (29.5.2020) by Gender Representation on Public Boards (Scotland) Act 2018 (asp 4), ss. 11(2), 13; S.S.I. 2020/119, reg. 2
C5: Pt. 5 applied (1.8.2011) by the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011 (S.I. 2011/1771), regs. 3-5