11 Partnerships.E+W+S
(1)It is unlawful for a firm . . . F1, in relation to a position as partner in the firm, to discriminate against a woman—
(a)in the arrangements they make for the purpose of determining who should be offered that position, or
(b)in the terms on which they offer her that position, or
(c)by refusing or deliberately omitting to offer her that position, or
(d)in a case where the woman already holds that position—
(i)in the way they afford her access to any benefits, facilities or services, or by refusing or deliberately omitting to afford her access to them, or
(ii)by expelling her from that position, or subjecting her to any other detriment.
(2)Subsection (1) shall apply in relation to persons proposing to form themselves into a partnership as it applies in relation to a firm.
(3)[F2Subject to subsection (3A),]Subsection (1)(a) and (c) do not apply to a position as partner where, if it were employment, being a man would be a genuine occupational qualification for the job.
[F3(3A)Subsection (3) does not apply in relation to discrimination falling within section 2A.
(3B)In relation to discrimination falling within section 2A, subsection (1) does not make unlawful a firm’s treatment of a person in relation to a position as partner where—
(a)if it were employment—
(i)being a man would be a genuine occupational qualification for the job, or
(ii)being a woman would be a genuine occupational qualification for the job, and
(b)the firm can show that the treatment is reasonable in view of the circumstances relevant for the purposes of paragraph (a) and any other relevant circumstances.
(3C)In relation to discrimination falling within section 2A, subsection (1)(a), (c) and, so far as it relates to expulsion, (d)(ii) do not apply to a position as partner where, if it were employment, there would be a supplementary genuine occupational qualification for the job.]
(4)Subsection (1)(b) and (d) do not apply to provision made in relation to death or retirement [F4except in so far as, in their application to provision made in relation to retirement, they render it unlawful for a firm to discriminate against a woman—
(a)in such of the terms on which they offer her a position as partner as provide for her expulsion from that position; or
(b)by expelling her from a position as partner or subjecting her to any detriment which results in her expulsion from such a position.]
(5)In the case of a limited partnership references in subsection (1) to a partner shall be construed as references to a general partner as defined in section 3 of the M1Limited Partnerships Act 1907.
[F5(6)This section applies to a limited liability partnership as it applies to a firm; and, in its application to a limited liability partnership, references to a partner in a firm are references to a member of the limited liability partnership.]
Textual Amendments
F1Words repealed by Sex Discrimination Act 1986 (c. 59, SIF 106:1), ss. 1(3), 9, Sch. Pt. II
F2Words in s. 11(3) inserted (1.5.1999) by S.I. 1999/1102, reg. 4(4)
F3S. 11(3A)(3B)(3C) inserted (1.5.1999) by S.I. 1999/1102, reg. 4(5)
F4Words inserted by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 2(2)
F5S. 11(6) inserted (6.4.2001) by S.I. 2001/1090, reg. 9, Sch. 5 para. 6
Marginal Citations