{
  "url": "https://openlegislation.uk/sex-discrimination-northern-ireland-order-1976/article-10A",
  "json_url": "https://openlegislation.uk/sex-discrimination-northern-ireland-order-1976/article-10A.json",
  "legislation": "nisi/1976/1042",
  "legislation_title": "Sex Discrimination (Northern Ireland) Order 1976",
  "legislation_url": "https://openlegislation.uk/sex-discrimination-northern-ireland-order-1976",
  "path": "article/10A",
  "kind": "article",
  "number": "10A",
  "heading": "Corresponding exception relating to gender reassignment",
  "text": "(1) In their application to discrimination falling within Article 4A or 4B , paragraphs (1) and (2) of Article 8 do not make unlawful an employer's treatment of another person if—\n(a) in relation to the employment in question—\n(i) being a man is a genuine occupational qualification for the job; or\n(ii) being a woman is a genuine occupational qualification for the job; and\n(b) the employer can show that the treatment is reasonable in view of the circumstances described in the relevant sub-paragraph of Article 10(2) and any other relevant circumstances.\n(2) In paragraph (1) the reference to the employment in question is a reference—\n(a) in relation to any sub-paragraph of Article 8(1), to the employment mentioned in that sub-paragraph;\n(b) in relation to Article 8(2)—\n(i) in its application to opportunities for promotion or transfer to any employment or for training for any employment, to that employment;\n(ii) otherwise, to the employment in which the person discriminated against is employed or from which that person is dismissed.\n(3) In determining for the purposes of paragraph (1) whether being a man or being a women is a genuine occupational qualification for a job, Article 10(4) applies in relation to dismissal from employment as it applies in relation to the filling of a vacancy.\n(4) Paragraph (1) does not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "SR 1999/311"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in art. 10A(1) substituted (2.5.2016) by The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/191), regs. 1(1), 10"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "2004 c.7"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisi/1976/1042/article/10A",
    "retrieved_at": "2026-10-29T04:53:48.935623+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}