Paragraph 1

(1)

A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to work a requirement to have a particular protected characteristic, if A shows that, having regard to the nature or context of the work—

(a)

it is an occupational requirement,

(b)

the application of the requirement is a proportionate means of achieving a legitimate aim, and

(c)

the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it).

(2)

The provisions are—

(a)

section 39(1)(a) or (c) or (2)(b) or (c);

(b)

section 41(1)(b);

(c)

section 44(1)(a) or (c) or (2)(b) or (c);

(d)

section 45(1)(a) or (c) or (2)(b) or (c);

(e)

section 49(3)(a) or (c) or (6)(b) or (c);

(f)

section 50(3)(a) or (c) or (6)(b) or (c);

(g)

section 51(1);

F1(h)

section 60A(1).

(3)

The references in sub-paragraph (1) to a requirement to have a protected characteristic are to be read—

(a)

in the case of gender reassignment, as references to a requirement not to be a transsexual person (and section 7(3) is accordingly to be ignored);

(b)

in the case of marriage and civil partnership, as references to a requirement not to be married or a civil partner (and section 8(2) is accordingly to be ignored).

(4)

In the case of a requirement to be of a particular sex, sub-paragraph (1) has effect as if in paragraph (c), the words from “(or” to the end were omitted.

Annotations

Textual amendments

F1: Sch. 9 para. 1(2)(h) inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 4(6)(a)