Paragraph 2

England, Wales and Scotland

(1)

A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to employment a requirement to which sub-paragraph (4) applies if A shows that—

(a)

the employment is for the purposes of an organised religion,

(b)

the application of the requirement engages the compliance or non-conflict principle, 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 49(3)(a) or (c) or (6)(b) or (c);

(c)

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

(d)

section 51(1);

F1(e)

section 60A(1).

(3)

A person does not contravene section 53(1) or (2)(a) or (b) by applying in relation to a relevant qualification (within the meaning of that section) a requirement to which sub-paragraph (4) applies if the person shows that—

(a)

the qualification is for the purposes of employment mentioned in sub-paragraph (1)(a), and

(b)

the application of the requirement engages the compliance or non-conflict principle.

(4)

This sub-paragraph applies to—

(a)

a requirement to be of a particular sex;

(b)

a requirement not to be a transsexual person;

(c)

a requirement not to be married or a civil partner;

F2(ca)

a requirement not to be married toF3, or the civil partner of, a person of the same sex;

F4(cb)

a requirement not to be the civil partner of a person of the opposite sex;

(d)

a requirement not to be married to, or the civil partner of, a person who has a living former spouse or civil partner;

(e)

a requirement relating to circumstances in which a marriage or civil partnership came to an end;

(f)

a requirement related to sexual orientation.

(5)

The application of a requirement engages the compliance principle if the requirement is applied so as to comply with the doctrines of the religion.

(6)

The application of a requirement engages the non-conflict principle if, because of the nature or context of the employment, the requirement is applied so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers.

(7)

A reference to employment includes a reference to an appointment to a personal or public office.

(8)

In the case of a requirement within sub-paragraph (4)(a), 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. 2(2)(e) inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 4(6)(b)
F2: Sch. 9 para. 2(4)(ca) inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 45; S.I. 2014/93, art. 3(k)(iv)
F3: Words in Sch. 9 para. 2(4)(ca) inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 11(a)
F4: Sch. 9 para. 2(4)(cb) inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 11(b)