Sex Discrimination (Northern Ireland) Order 1976 No. 1042 (NI. 15)

PART III N.I. [F1 EMPLOYMENT FIELD]

F1 SR 2005/426

Discrimination by employers N.I.

[F2 Corresponding exception relating to gender reassignment N.I.

10A.— (1) In their application to discrimination falling within [F3 Article 4A or 4B] , paragraphs (1) and (2) of Article 8 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 sub-paragraph of Article 10(2) and any other relevant circumstances.

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

(a) in relation to any sub-paragraph of Article 8(1), to the employment mentioned in that sub-paragraph;

(b) in relation to Article 8(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 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.

[F4 (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.]]

F2 SR 1999/311

F3 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

F4 2004 c.7