Section 14 Combined discrimination: dual characteristics

Not yet in force

(1)

A person (A) discriminates against another (B) if, because of a combination of two relevant protected characteristics, A treats B less favourably than A treats or would treat a person who does not share either of those characteristics.

(2)

The relevant protected characteristics are—

(a)

age;

(b)

disability;

(c)

gender reassignment;

(d)

race

(e)

religion or belief;

(f)

sex;

(g)

sexual orientation.

(3)

For the purposes of establishing a contravention of this Act by virtue of subsection (1), B need not show that A's treatment of B is direct discrimination because of each of the characteristics in the combination (taken separately).

(4)

But B cannot establish a contravention of this Act by virtue of subsection (1) if, in reliance on another provision of this Act or any other enactment, A shows that A's treatment of B is not direct discrimination because of either or both of the characteristics in the combination.

(5)

Subsection (1) does not apply to a combination of characteristics that includes disability in circumstances where, if a claim of direct discrimination because of disability were to be brought, it would come within section 116 (special educational needs).

(6)

A Minister of the Crown may by order amend this section so as to—

(a)

make further provision about circumstances in which B can, or in which B cannot, establish a contravention of this Act by virtue of subsection (1);

(b)

specify other circumstances in which subsection (1) does not apply.

(7)

The references to direct discrimination are to a contravention of this Act by virtue of section 13.