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5. For the purposes of these Regulations, a person (“A”) discriminates against another person (“B”) if he treats B less favourably than he treats or would treat other persons in the same circumstances, and does so by reason that—
(a)B has not carried out (in whole or in part) an instruction to do an act which is unlawful by virtue of these Regulations, or
(b)B, having been given an instruction to do such an act, complains to A or to any other person about that instruction.
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