Drafting to resolve
What we asked. Members asked on 13 June how the protected characteristics in the Equality Act 2010 are reflected in the Club’s rules. At present they are not addressed at all. A new Article 2A is proposed, and we asked whether the Association had a standard form we should adopt instead.
The ACC’s answer. It has no standard equality wording to recommend. The Club may adopt its own provision, but it advised avoiding “unnecessarily detailed obligations within the Constitution”. It then raised two specific difficulties with the draft, set out below.
This is the Article as proposed. It is new: there is nothing equivalent in the 2016 Rules.
Proposed Article 2A — Equality
2A.1 The Club is an association within the meaning of Part 7 of the Equality Act 2010.
2A.2 The Club shall not discriminate against, harass or victimise any applicant for membership, member, associate, guest or visitor because of age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation.
2A.3 The Club shall make such reasonable adjustments as are required by Schedule 15 to the Equality Act 2010 so that a disabled person is not put at a substantial disadvantage in accessing the Club’s premises, facilities or benefits. The Committee shall review the adjustments in place at least annually and shall record the review in the minutes.
2A.4 Nothing in this Article affects Article 2.1. The Club is a Conservative club and political opinion is not a protected characteristic for the purposes of the Equality Act 2010.
2A.5 The Committee shall record its reasons for refusing an application for membership in a confidential minute, whether or not those reasons are communicated to the applicant.
2A.6 Every Committee Member, Officer and Trustee shall complete equality and unconscious bias awareness training within three months of taking office and refresher training at least every three years. The Secretary shall maintain a record of the training completed.
2A.7 A complaint that this Article has been breached shall be dealt with under Article 16 and Schedule E, and where it concerns an employee, under the Staff Handbook.
The first difficulty: a secret ballot cannot easily record its own reasons. Article 2A.5 requires the Committee to record why an application was refused. Article 2.6 requires the vote to be taken by secret ballot — and requires the reasons to be recorded as well.
Article 2.6 — Admission of candidates
“A candidate is admitted if a simple majority of the Committee Members present and voting vote in favour. Voting shall be by secret ballot. Abstentions shall not be counted. The result shall be recorded in the minutes as admitted or not admitted, without recording the numbers. The Committee shall record its reasons for not admitting a candidate in a confidential minute, whether or not those reasons are communicated to the candidate. A candidate not admitted may not be re-proposed until twelve months after the date of the decision, under Article 2.11.”
The Association put the problem directly: what will be recorded “if Committee Members do not publicly express a view but go on to vote against a candidate?” A secret ballot is designed so that nobody has to say why they voted as they did; a duty to record reasons assumes somebody has. The two can be reconciled — by the Committee discussing and minuting its reasons before the ballot is taken — but the draft does not say so, and this is better settled before a refusal than after one.
There is also a duplication. The duty to record reasons appears twice, in two Articles, in wording that is close but not identical: Article 2.6 speaks of “not admitting a candidate”, Article 2A.5 of “refusing an application for membership”. If they mean the same thing, one of them is unnecessary. If they do not, the Club has two different duties and no way of telling which applies. This is the concrete instance of the Association’s general warning against duplicating requirements across provisions, and the tidier course is to state the duty once.
The second difficulty: only promise what the Club will actually do. Article 2A.3 commits the Committee to reviewing its reasonable adjustments at least annually and minuting the review. Article 2A.6 requires every Committee Member, Officer and Trustee to complete training within three months of taking office, refresher training every three years, and the Secretary to keep the record. The Association advised that these “should likewise only be included if the Club is prepared to administer them consistently and is confident that future Committees will likewise also administer them consistently”.
That is the sharpest point in the reply. An obligation written into the Constitution and then quietly not performed is worse than no obligation at all: it is a breach of the Club’s own rules, sitting in writing, waiting to be produced by anyone who wants to make something of it. Either the Club commits to the annual review and the training rota, or the wording should be softened before it is adopted.
Proposed Article 2A · Articles 2.6, 2.11, 16 · Schedule E · Equality Act 2010 Part 7 and Schedule 15 · ACC, 11 September 2026