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Status:
Point in time view as at 01/10/2005. This version of this provision has been superseded.
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[3 Direct and indirect discrimination against married persons in employment fieldE+W+S
(1)In any circumstances relevant for the purposes of any provision of Part 2, a person discriminates against a married person of either sex if—
(a)on the ground of his or her marital status he treats that person less favourably than he treats or would treat an unmarried person of the same sex, or
[(b)he applies to that person a provision, criterion or practice which he applies or would apply equally to an unmarried person, but—
(i)which puts or would put married persons at a particular disadvantage when compared with unmarried persons of the same sex,
(ii)which puts that person at that disadvantage, and
(iii)which he cannot show to be a proportionate means of achieving a legitimate aim.]
(2)For the purposes of subsection (1), a provision of Part 2 framed with reference to discrimination against women shall be treated as applying equally to the treatment of men, and for that purpose shall have effect with such modifications as are requisite.]
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