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Include conditions that the contractor must comply with the anti-discrimination provisions of all equalities legislation.

Include conditions to ensure compliance with the anti-discrimination provisions of all equalities legislation where contractors sub-contract the work to third parties.

Sample clause illustrating how equalities considerations could be incorporated into contract conditions in appropriate contracts:

Equalities Considerations

We are an equal opportunities employer and service provider.  You must also be an equal opportunities employer and service provider and comply fully with equal

opportunities legislation.

You will ensure that you do not discriminate against anyone unlawfully, or treat anyone unfairly, on the grounds of their sex, gender identity, marital, family or part-time status. You will also make sure that anyone acting on your behalf, your employees and sub-contractors involved in the Contract do not do so either, and that those involved in the management or operation of the Contract receive appropriate training on equal opportunities legislation and associated good practice.

Where relevant to the contract, include performance conditions with which the contractor must comply to ensure that the public authority is able to discharge its general gender equality duty and, where applicable, specific duties.  

Where performance conditions as referred to above are specified in a contract, include performance conditions to ensure compliance where contractors sub-contract the work to third parties.

Where relevant, specify in the contract what evidence the contractor needs to gather for the contracting-out authority to demonstrate the authority’s own compliance with the general duty or specific duties.

Include terms of contract providing for measures to address breaches of the gender equality conditions.  These might include a requirement to develop an action plan to address any shortcomings.  Stronger sanctions could include cancellation of the contract, or disqualification from future contracts or from the list of eligible tenderers until remedial action has been satisfactorily demonstrated.

Monitoring and review

Ensure that the contractors fully understand any gender equality requirements of the contract.

Monitor contractor performance against those requirements.

Where breaches or underperformance are identified, for example, in reviews, ensure that the contractor agrees and implements an action plan to rectify the issue, or consider other sanctions as above.


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