Textual Amendments
F1Pt. 2 Heading: words substituted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 7(1)
Modifications etc. (not altering text)
C1Part II extended by Employment Protection Act 1975 (c. 71), s. 122(2)
C2Pt. II (ss. 6–21): excluded by Employment Act 1989 (c. 38, SIF 43:1, 106:1), ss. 4(1)(a), 5(1)(2)(a)(3)(4)(7); excluded by S.I. 1989/2420, art. 3; excluded (1.2.1994) by Measure 1993 No. 2, s. 6; Instrument dated 31.1.1994 made by Archbishops of Canterbury and York
(1)It is unlawful for a firm F2. . ., in relation to a position as partner in the firm, to discriminate against a woman—
(a)in the arrangements they make for the purpose of determining who should be offered that position, or
(b)in the terms on which they offer her that position, or
(c)by refusing or deliberately omitting to offer her that position, or
(d)in a case where the woman already holds that position—
(i)in the way they afford her access to any benefits, facilities or services, or by refusing or deliberately omitting to afford her access to them, or
(ii)by expelling her from that position, or subjecting her to any other detriment.
(2)Subsection (1) shall apply in relation to persons proposing to form themselves into a partnership as it applies in relation to a firm.
[F3(2A)It is unlawful for a firm, in relation to a position as partner in the firm, to subject to harassment a woman who holds or has applied for that position.]
(3)[F4Subject to subsection (3A),]Subsection (1)(a) and (c) do not apply to a position as partner where, if it were employment, being a man would be a genuine occupational qualification for the job.
[F5(3A)Subsection (3) does not apply in relation to discrimination falling within section 2A.
(3B)In relation to discrimination falling within section 2A, subsection (1) does not make unlawful a firm’s treatment of a person in relation to a position as partner where—
(a)if it were employment—
(i)being a man would be a genuine occupational qualification for the job, or
(ii)being a woman would be a genuine occupational qualification for the job, and
(b)the firm can show that the treatment is reasonable in view of the circumstances relevant for the purposes of paragraph (a) and any other relevant circumstances.
(3C)In relation to discrimination falling within section 2A, subsection (1)(a), (c) and, so far as it relates to expulsion, (d)(ii) do not apply to a position as partner where, if it were employment, there would be a supplementary genuine occupational qualification for the job.]
[F6(3D)Subsections (3B) and (3C) do not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.]
(4)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In the case of a limited partnership references in subsection (1) to a partner shall be construed as references to a general partner as defined in section 3 of the M1Limited Partnerships Act 1907.
[F8(6)This section applies to a limited liability partnership as it applies to a firm; and, in its application to a limited liability partnership, references to a partner in a firm are references to a member of the limited liability partnership.]
Textual Amendments
F2Words repealed by Sex Discrimination Act 1986 (c. 59, SIF 106:1), ss. 1(3), 9, Sch. Pt. II
F3S. 11(2A) inserted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 14(2)
F4Words in s. 11(3) inserted (1.5.1999) by S.I. 1999/1102, reg. 4(4)
F5S. 11(3A)(3B)(3C) inserted (1.5.1999) by S.I. 1999/1102, reg. 4(5)
F6S. 11(3D) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 14, 26, Sch. 6 para. 5; S.I. 2005/54, art. 2
F7S. 11(4) omitted (1.10.2005) by virtue of The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 14(3)
F8S. 11(6) inserted (6.4.2001) by S.I. 2001/1090, reg. 9, Sch. 5 para. 6
Marginal Citations