Employment Act 1989

12 Protection of Sikhs from racial discrimination in connection with requirements as to wearing of safety helmets. E+W+S

(1) Where—

(a) any person applies to a Sikh any [F1 provision, criterion or practice] relating to the wearing by him of a safety helmet while he is on a construction site, and

(b) at the time when he so applies the [F1 provision, criterion or practice] that person has no reasonable grounds for believing that the Sikh would not wear a turban at all times when on such a site,

then, for the purpose of determining whether the application of the [F1 provision, criterion or practice] to the Sikh constitutes an act of discrimination falling within [F2 section 19 of the Equality Act 2010 (indirect discrimination), the provision, criterion or practice is to be taken as one in relation to which the condition in subsection (2)(d) of that section (proportionate means of achieving a legitimate aim) is satisfied]

(2) Any special treatment afforded to a Sikh in consequence of section 11(1) or (2) above shall not be regarded for the purposes of [F3 section 13 of the Equality Act 2010 as giving rise to discrimination against any other person]

(3) Subsections (7) to (10) of section 11 above shall apply for the purposes of this section as they apply for the purposes of that section.

Textual Amendments

F1 Words in s. 12(1) substituted (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 15(2) (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(ii) (with arts. arts. 4-25 15 Schs. 1-8) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)

F2 Words in s. 12(1) substituted (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 15(3) (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(ii) (with arts. arts. 4-25 15 Schs. 1-8) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)

F3 Words in s. 12(2) substituted (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 15(4) (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(ii) (with arts. arts. 4-25 15 Schs. 1-8) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)