Section 12 Protection of Sikhs from racial discrimination in connection with requirements as to wearing of safety helmets.

England, Wales and Scotland

(1)

Where—

(a)

any person applies to a Sikh any F1provision, criterion or practice relating to the wearing by him of a safety helmet while he is F2at a workplace, and

(b)

at the time when he so applies the provision, criterion or practice that person has no reasonable grounds for believing that the Sikh would not wear a turban at all times when F3at such a workplace,

then, for the purpose of determining whether the application of the provision, criterion or practice to the Sikh constitutes an act of discrimination falling within F4section 19 of the Equality Act 2010 (indirect discrimination), the provision, criterion or practice is to be taken as one in relation to which the condition in subsection (2)(d) of that section (proportionate means of achieving a legitimate aim) is satisfied

(2)

Any special treatment afforded to a Sikh in consequence of section 11(1) or (2) above shall not be regarded for the purposes of F5section 13 of the Equality Act 2010 as giving rise to discrimination against any other person

(3)

F6Subsections (6A) to (10) of section 11 above shall apply for the purposes of this section as they apply for the purposes of that section.

Annotations

Textual amendments

F1: Words in s. 12(1) substituted (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 15(2) (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(ii) (with arts. arts. 4-25 15 Schs. 1-8) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)
F2: Words in s. 12(1)(a) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(12)(a), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(2))
F3: Words in s. 12(1)(b) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(12)(b), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(2))
F4: Words in s. 12(1) substituted (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 15(3) (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(ii) (with arts. arts. 4-25 15 Schs. 1-8) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)
F5: Words in s. 12(2) substituted (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 15(4) (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(ii) (with arts. arts. 4-25 15 Schs. 1-8) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)
F6: Words in s. 12(3) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 6(13), 115(7); S.I. 2015/994, art. 11(b) (with art. 12(2))