73.—(1) This Article applies where—
(a)a practice relating to the selection of employees who may be dismissed as redundant is followed by an employer in pursuance of affirmative action; and
(b)the practice does not involve the application of any condition or requirement framed by reference to religious belief or political opinion, but has or may have the effect that the proportion of employees of a particular religious belief or political opinion who are selected is smaller than the proportion of employees not of that religious belief or, as the case may be, not of that political opinion who are selected.
(2) The dismissal of an employee in pursuance of the practice is not by virtue of[F1 Article 3(2A)] unlawful under any provision of Parts III and V.
F1SR 2003/520