Equality Act 2010

General E+W+S

1 (1) A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to work a requirement to have a particular protected characteristic, if A shows that, having regard to the nature or context of the work— E+W+S

(a) it is an occupational requirement,

(b) the application of the requirement is a proportionate means of achieving a legitimate aim, and

(c) the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it).

(2) The provisions are—

(a) section 39(1)(a) or (c) or (2)(b) or (c);

(b) section 41(1)(b);

(c) section 44(1)(a) or (c) or (2)(b) or (c);

(d) section 45(1)(a) or (c) or (2)(b) or (c);

(e) section 49(3)(a) or (c) or (6)(b) or (c);

(f) section 50(3)(a) or (c) or (6)(b) or (c);

(g) section 51(1).

(3) The references in sub-paragraph (1) to a requirement to have a protected characteristic are to be read—

(a) in the case of gender reassignment, as references to a requirement not to be a transsexual person (and section 7(3) is accordingly to be ignored);

(b) in the case of marriage and civil partnership, as references to a requirement not to be married or a civil partner (and section 8(2) is accordingly to be ignored).

(4) In the case of a requirement to be of a particular sex, sub-paragraph (1) has effect as if in paragraph (c), the words from “(or” to the end were omitted.