PART IIN.I.DISCRIMINATION TO WHICH ORDER APPLIES

Modifications etc. (not altering text)

[F1[F2Direct discrimination] on the grounds of gender reassignmentN.I.

4A.—(1) A person ("A") discriminates against another person ("B") in any circumstances relevant for the purposes of—

(a)any provision of Part III; F3. . .

[F4(aa)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.]

F1SR 1999/311