C1PART IIDISCRIMINATION TO WHICH ORDER APPLIES

Annotations:
Modifications etc. (not altering text)

F1F4Direct discrimination on the grounds of gender reassignment4A

1

A person ("A") discriminates against another person ("B") in any circumstances relevant for the purposes of—

a

any provision of Part III; F2. . .

F3aa

Article 30, 31 or 32, except in so far as it relates to an excluded matter, or

b

any provision of Part IV, so far as it applies to vocational training, if F5A treats B less favourably than F5A treats or would treat other persons, and does so on the ground that B intends to undergo, is undergoing or has undergone gender reassignment.

2

Paragraph (3) applies to arrangements made by any person in relation to another's absence from work or from vocational training.

3

For the purposes of paragraph (1), B is treated less favourably than others under such arrangements if, in the application of the arrangements to any absence due to B undergoing gender reassignment—

a

F6B is treated less favourably than F6B would be if the absence was due to sickness or injury; or

b

F6B is treated less favourably than F6B would be if the absence was due to some other cause and, having regard to the circumstances of the case, it is reasonable for F7B to be treated no less favourably.

4

In paragraphs (2) and (3) "arrangements" includes terms, conditions or arrangements on which employment or vocational training is offered.

5

For the purposes of paragraph (1), a provision mentioned in that paragraph framed with reference to discrimination against women shall be treated as applying equally to the treatment of men with such modifications as are requisite.