# The Disability Discrimination (Employment) Regulations 1996, Regulation 3: Pay


(1) For the purposes of section 5 of the Act, treatment is to be taken to be justified if it results from applying to the disabled person a term or practice—
(a) under which the amount of a person’s pay is wholly or partly dependent on that person’s performance; and
(b) which is applied to all of the employer’s employees or to all of a class of his employees which includes the disabled person but which is not defined by reference to any disability.
(2) Arrangements consisting of the application to a disabled person of a term or practice of the kind referred to in paragraph (1) above are not to be taken to place that disabled person at a substantial disadvantage of the kind mentioned in section 6(1) of the Act.
(3) Nothing in this regulation affects the operation of section 6 of the Act in relation to any arrangements or physical features of premises which, by placing a disabled person at a substantial disadvantage, cause reduced performance by him.

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Source: https://www.legislation.gov.uk/uksi/1996/1456/regulation/3 (the official version)
Page: https://openlegislation.uk/disability-discrimination-employment-regulations-1996/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.