Not everyone who works is an employee. Some people hold an office or post instead, which can include some paid roles on boards, panels and commissions, often filled through an application and selection process that may now include software to sift, score or rank candidates. In Great Britain, sections 49 to 52 of the Equality Act 2010 cover these office-holders. This page explains who is covered and what the duties mean when AI tools are part of the process.
The short answer: whoever has the power to appoint to a personal or public office must not discriminate against, harass or victimise candidates in the arrangements for deciding to whom to offer the appointment, the terms offered or by not offering it. Once someone is appointed, the "relevant person" must not discriminate against them in their terms, access to opportunities, termination or any other detriment. Reasonable adjustment duties apply (s49; s50).
Personal offices
A personal office is an office or post to which a person is appointed to discharge a function personally under the direction of another person, and for which an appointed person is entitled to remuneration (s49(2)). A person counts as acting under another's direction if that other person is entitled to direct them as to when and where to discharge the functions (s49(10)). Payments only for expenses, or compensation for lost income, do not count as remuneration (s49(11)).
Public offices
A public office is an office or post where appointment is made (s50(2)):
- by a member of the executive;
- on the recommendation of, or subject to the approval of, a member of the executive;
- on the recommendation of, or subject to the approval of, the House of Commons, the House of Lords, the National Assembly for Wales or the Scottish Parliament;
- by the Lord Chief Justice or the Senior President of Tribunals.
An office that is both personal and public is treated as a public office only (s52(4)). Appointment does not include election (s52(5)).
What is excluded
Schedule 6 takes some offices out (Sch 6):
- an office or post is not a personal or public office in so far as other provisions apply to it, including section 39 (employment), section 41 (contract work), the partnership and LLP sections, and the barrister and advocate sections;
- listed political offices, such as ministerial offices, offices of Parliament or councils held by their members, and offices of a registered political party;
- a life peerage or other dignity or honour conferred by the Crown.
So an employee is covered by the employment provisions instead; see AI and the Equality Act.
Duties on the appointing side
A person with the power to appoint must not discriminate against, or victimise, a candidate in the arrangements for deciding to whom to offer the appointment, as to the terms offered, or by not offering the appointment, and must not harass a person seeking or being considered for it (s49(3) to (5); s50(3) to (5)).
For public offices, a person with the power to recommend or approve an appointment within section 50(2)(a), (b) or (d) has similar duties, including not making a negative recommendation because of a protected characteristic (s51). For offices within section 50(2)(a) or (d), this applies only to a relevant body established by or under an enactment or by a member of the executive (s51(5)).
Duties once appointed
The "relevant person" must not discriminate against, or victimise, an office-holder as to the terms of appointment, in access to opportunities for promotion, transfer or training or any other benefit, facility or service, by terminating the appointment, or by any other detriment, and must not harass them (s49(6) to (8); s50(6) to (10)). For offices within section 50(2)(c), the termination limb does not apply (s50(7)).
Who the relevant person is depends on the matter: for terms, the person with power to set them; for access to an opportunity, the person with power to afford it; for termination, the person with power to terminate (s52(6)). Termination includes the expiry of a fixed period, unless the appointment is renewed on the same terms immediately afterwards (s52(7) and (8)).
Where AI tools come in
- Sifting and ranking applicants: a tool that scores applications or shortlists candidates is part of the arrangements for deciding to whom to offer the appointment.
- Recommendation panels: where a body recommends candidates for a public office, software it uses to rank or filter candidates is part of its arrangements for deciding who to recommend.
- Renewal and reappointment: because an appointment ending at the end of its term counts as termination unless it is renewed on the same terms, an automated performance or attendance score used to decide against renewal is covered.
- Training and development: tools that allocate training or opportunities among office-holders affect access to opportunities.
Reasonable adjustments
A duty to make reasonable adjustments applies to the person with power to appoint and to the relevant person for a personal office (s49(9)), to the equivalent people for a public office (s50(11)), and to those with power to recommend or approve (s51(4)). Candidates who need another way through an online test or video interview can ask for one; see AI and disabled workers.
Practical steps
- Appointing bodies: record which steps of the process use software, check each against the duties above, keep a person able to review and change a shortlist, and publish how to ask for adjustments.
- Candidates and office-holders: ask whether software was used to sift or score, ask for adjustments early, and keep records of any decision not to appoint or renew.
For partners and LLP members, see partners and LLP members. For job boards and matching services, see employment service-providers; for unions and professional bodies, see trade organisations. This page covers Great Britain and is general information on the law as at 2 November 2026, not legal advice.
Questions and answers
What is a personal office under the Equality Act?
An office or post to which a person is appointed to discharge a function personally under the direction of another person, and for which an appointed person is entitled to remuneration (section 49(2)). Payment only of expenses or compensation for lost income does not count.
What is a public office?
An office or post where appointment is made by a member of the executive, on the recommendation or with the approval of a member of the executive or of the UK or devolved legislatures named in section 50(2), or by the Lord Chief Justice or the Senior President of Tribunals.
Does the Act cover AI sifting of applications for an appointment?
The person with the power to appoint must not discriminate in the arrangements for deciding to whom to offer the appointment. Software used to sift or rank candidates can be part of those arrangements.
Is not renewing a fixed-term appointment covered?
Yes. Section 52(7) treats the expiry of a period as termination, unless the appointment is renewed on the same terms immediately afterwards (section 52(8)).