PART IIDISCRIMINATION TO WHICH ORDER APPLIES
F1Direct and indirect discrimination against women3
1
In any circumstances relevant for the purposes of any provision of this Order, other than a provision to which paragraph (2) applies, a person discriminates against a woman if—
a
on the ground of her sex, he treats her less favourably than he treats or would treat a man, or
b
he applies to her a requirement or condition which he applies or would apply equally to a man but—
i
which is such that the proportion of women who can comply with it is considerably smaller than the proportion of men who can comply with it,
ii
which he cannot show to be justifiable irrespective of the sex of the person to whom it is applied, and
iii
which is to her detriment because she cannot comply with it.
2
In any circumstances relevant for the purposes of a provision to which this paragraph applies, a person discriminates against a woman if—
a
on the ground of her sex, he treats her less favourably than he treats or would treat a man, or
F2b
he applies to her a provision criterion or practice which he applies or would apply equally to a man, but—
i
which puts or would put women at a particular disadvantage when compared with men,
ii
which puts F3, or would put, her at that disadvantage, and
iii
which he cannot show to be a proportionate means of achieving a legitimate aim.
3
Paragraph (2) applies to—
a
any provision of Part III, F4. . .
F5aa
Articles 30 to 32, except in so far as they relate to an excluded matter, and
b
any provision of Part IV, so far as it applies to vocational training.
Para. (4) rep. by 2004 c. 33