Part I E+W+S Discrimination to Which Act AppliesF1F2F3

Textual Amendments

F1S. 2A inserted (1.5.1999) by S.I. 1999/1102, reg. 2(1)

[F41 Direct and indirect discrimination against womenE+W+S

(1)In any circumstances relevant for the purposes of any provision of this Act, other than a provision to which subsection (2) applies, a person discriminates against a woman if—

(a)on the ground of her sex he treats her less favourably than he treats or would treat a man, or

(b)he applies to her a requirement or condition which he applies or would apply equally to a man but—

(i)which is such that the proportion of women who can comply with it is considerably smaller than the proportion of men who can comply with it, and

(ii)which he cannot show to be justifiable irrespective of the sex of the person to whom it is applied, and

(iii)which is to her detriment because she cannot comply with it.

(2)In any circumstances relevant for the purposes of a provision to which this subsection applies, a person discriminates against a woman if—

(a)on the ground of her sex, he treats her less favourably than he treats or would treat a man, or

[F5(b)he applies to her a provision, criterion or practice which he applies or would apply equally to a man, but—

(i)which puts or would put women at a particular disadvantage when compared with men,

(ii)which puts her at that disadvantage, and

(iii)which he cannot show to be a proportionate means of achieving a legitimate aim.]

(3)Subsection (2) applies to—

(a)any provision of Part 2,

(b)sections 35A and 35B F6, and

(c)any other provision of Part 3, so far as it applies to vocational training.

(4)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F4S. 1 substituted (12.10.2001) by S.I. 2001/2660, reg. 3