Article 5 Discrimination against married persons and civil partners in employment fieldF1

Northern Ireland

(1)

In any circumstances relevant for the purposes of any provision of Part 3, a person discriminates against a person ("A") who fulfils the condition in paragraph (2) if—

(a)

on the ground of the fulfilment of the condition, he treats A less favourably than he treats or would treat a person who does not fulfil the condition, or

(b)

he applies to A a provision, criterion or practice which he applies or would apply equally to a person who does not fulfil the condition, but—

(i)

which puts or would put persons fulfilling the condition at a particular disadvantage when compared with persons not fulfilling the condition, and

(ii)

which puts F2, or would put, A at that disadvantage, and

(iii)

which he cannot show to be a proportionate means of achieving a legitimate aim.

(2)

The condition is that the person is—

(a)

married, or

(b)

a civil partner.

(3)

For the purposes of paragraph (1), a provision of Part 3 framed with reference to discrimination against women is to be treated as applying equally to the treatment of men, and for that purpose has effect with such modifications as are requisite.

Annotations

Textual amendments

F1: 2004 c.33
F2: Words in art. 5(1)(b)(ii) inserted (31.3.2011) by Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/156), reg. 4

Notes on the whole Order

Textual amendments

F1: function transf. by SR 1999/481

Notes on Part II

Modifications

C1: Pt. 2 applied (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 4 para. 4(1)(2)(a); S.I. 2013/1682, art. 3(k)