C1C2Part IIF3EMPLOYMENT FIELDF4

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)

Discrimination by employersF2

Annotations:
Amendments (Textual)
F2

Ss. 7A, 7B inserted (1.5.1999) by S.I. 1999/1102, reg. 4(1)

7AF2“Corresponding exception relating to gender reassignment.”

1

In their application to discrimination falling within section 2A, subsections (1) and (2) of section 6 do not make unlawful an employer’s treatment of another person if—

a

in relation to the employment in question—

i

being a man is a genuine occupational qualification for the job, or

ii

being a woman is a genuine occupational qualification for the job, and

b

the employer can show that the treatment is reasonable in view of the circumstances described in the relevant paragraph of section 7(2) and any other relevant circumstances.

2

In subsection (1) the reference to the employment in question is a reference—

a

in relation to any paragraph of section 6(1), to the employment mentioned in that paragraph;

b

in relation to section 6(2)—

i

in its application to opportunities for promotion or transfer to any employment or for training for any employment, to that employment;

ii

otherwise, to the employment in which the person discriminated against is employed or from which that person is dismissed.

3

In determining for the purposes of subsection (1) whether being a man or being a woman is a genuine occupational qualification for a job, section 7(4) applies in relation to dismissal from employment as it applies in relation to the filling of a vacancy.

F14

Subsection (1) does not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.