122. It also applies to pregnancy and maternity equality “where a woman … is employed, or … holds a personal or public office” (section 72). For example, by section 73(1) if the “terms of the woman’s work do not (by whatever means) include a maternity equality clause” they are treated as including one. A maternity equality clause is a provision that, “in relation to the terms of the woman’s work”, has the effects provided for by section 74. So far as concerns membership rules or rights under an occupational pension scheme, section 75(1) treats such a scheme as including a maternity equality rule if one is not included in the scheme.
123. Provision is also made in this Part making it unlawful for an employment contract to prevent an employee disclosing his or her pay to a colleague; and a power to require private sector employers to publish gender pay gap (the size of the difference between men and women’s pay expressed as a percentage) information about differences in pay between men and women (see sections 77 and 78).
124. Part 6 makes it unlawful for education bodies (including higher and further education) to discriminate against, harass or victimise a school pupil or student or applicant for a place.
125. Part 7 (see also Schedules 15 and 16) makes it unlawful for associations (for example, private clubs and associations or other organisations) to discriminate against, harass or victimise members, associates or guests. For the purposes of this Part, associations are defined by section 107(2) as follows: “(2) An ‘association’ is an association of persons— (a) which has at least 25 members, and (b) admission to membership of which is regulated by the association’s rules and involves a process of selection”.
126. Provisions for enforcement of the obligations imposed by the EA 2010 are in Part 9. It is unnecessary to elaborate on these for the purposes of this appeal.
127. Part 11 (see also Schedules 18 and 19) establishes a general duty on public authorities to have due regard, when carrying out their functions, to the need: to eliminate unlawful discrimination, harassment or victimisation; to advance equality of opportunity; and to foster good relations: section 149. This section creates what is known as a public sector equality duty or “PSED”. It also contains provisions which enable an employer or service-provider or other organisation to take positive action to overcome or minimise a disadvantage arising from people possessing a relevant protected characteristic: sections 158 and 159.
128. Part 14 (see also Schedules 22 and 23) establishes exceptions to certain prohibitions in the earlier Parts in relation to a range of conduct, including action required
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