Regulation 9 Genuine occupational qualifications

In section 7B of the 1975 Act (supplementary exceptions relating to gender reassignment), after subsection (3), insert—

“(4)

Paragraph (a) of subsection (2) does not apply in relation to the filling of a vacancy at a time when the employer already has employees falling within subsection (5)—

(a)

who are capable of carrying out the duties falling within that paragraph, and

(b)

whom it would be reasonable to employ on those duties, and

(c)

whose numbers are sufficient to meet the employer’s likely requirements in respect of those duties without undue inconvenience.

(5)

An employee falls within this subsection if the employee does not intend to undergo and is not undergoing gender reassignment and either—

(a)

the employee has not undergone gender reassignment; or

(b)

the employee’s gender has become the acquired gender under the Gender Recognition Act 2004^f1.”.