7.24.1 The Contract should include provisions to ensure that the Contractor and each Contractor Related Party complies with current Equalities Legislation.
Suitable drafting in relation to Equality Requirements is as follows:
7.24 Racial discrimination and the promotion of race equality
(a) The Contractor (including its agents and employees) shall not, and shall procure that any Contractor Related Party shall not:
(i) discriminate directly or indirectly, or by way of victimisation or harassment, against any person on Prohibited Employment Grounds; and/or
(ii) discriminate directly or indirectly or by way of victimisation or harassment against any person on Prohibited Grounds; and/or
(iii) contravene Sections 39, 108 - 109 and 111 - 112 of the Equality Act 2010 and Section 24A of the Equality Act 2006 (or any of them),
(b) The Contractor (including its agents and employees) shall, and shall procure that any Contractor Related Party shall, for purposes of ensuring compliance with paragraphs (a) (i), (ii), (iii) above in relation to staff engaged in the provision of Works or Services observe as far as possible the provisions of:
(i) the Equality and Human Rights Commission Code of Practice on Employment
(ii) any other relevant code of practice introduced by a commission or other body set up by Parliament to promote, monitor and enforce Equalities Legislation,
including, but not limited to, those provisions recommending the adoption, implementation and monitoring of an equal opportunities policy.
(c) The Contractor shall, and shall procure that any Contractor Related Party shall, in performing its/their obligations under this Agreement, comply (to the extent permitted by law) with the provisions of Sections 149 and 150 of the Equality Act 2010 as if they were a body within the meaning of Schedule 19 to the Equality Act 2010.
(d) Where in connection with this Contract the Contractor (including its agents and employees) or any Contractor Related Party are required to carry out work on the Authority's premises or alongside the Authority's employees on any other premises, they shall comply with the Authority's own employment policy and codes of practice relating to discrimination and equal opportunities.26
(e) The Contractor shall, and shall procure that any Contractor Related Party shall, notify the Authority's Representative forthwith in writing as soon as it becomes aware of any investigation of or proceedings brought against the Contractor or any Contractor Related Party under the Equalities Legislation.
(f) Where any investigation is undertaken by a person or body empowered to conduct such investigation and/or proceedings are instituted in connection with any matter relating to the Contractor's performance of its obligations under this Contract being in contravention of the Equalities Legislation, the Contractor shall, and shall procure that any Contractor Related Party shall, free of charge:
(i) provide any information requested in the timescale allotted;
(ii) attend any meetings as required and permit any of its staff to attend;
(iii) promptly allow access to and investigation of any documents or data deemed to be relevant;
(iv) allow itself and any of its staff to appear as witness in any ensuing proceedings; and
(v) co-operate fully and promptly in every way required by the person or body conducting such investigation during the course of that investigation
means the Racial and Religious Hatred Act 2006, the Civil Partnership Act 2004, the Gender Recognition Act 2004 and the Equality Act 2010;
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26 The Authority may require this as an additional obligation where it wishes to ensure compliance with its own discrimination and employment policies and codes of practice.