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Sex Discrimination Act 1975 (repealed)
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- UK Public General Acts
- 1975 c. 65
- Part III
- Barristers
- Section 35A
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Changes over time for: Section 35A
Version Superseded: 01/10/2010
Alternative versions:
- 01/02/1991- Amendment
- 01/10/2005- Amendment
- 01/01/2008
Point in time - 01/10/2010- Amendment
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35AF1. . . Barristers.E+W+S
(1)It is unlawful for a barrister or barrister’s clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a woman—
(a)in the arrangements which are made for the purpose of determining to whom it should be offered;
(b)in respect of any terms on which it is offered; or
(c)by refusing, or deliberately omitting, to offer it to her.
(2)It is unlawful for a barrister or barrister’s clerk, in relation to a woman who is a pupil or tenant in the chambers in question, to discriminate against her—
(a)in respect of any terms applicable to her as a pupil or tenant;
(b)in the opportunities for training, or gaining experience, which are afforded or denied to her;
(c)in the benefits, facilities or services which are afforded or denied to her; or
(d)by terminating her pupillage or by subjecting her to any pressure to leave the chambers or other detriment.
[F2(2A)It is unlawful for a barrister or barrister's clerk, in relation to a pupillage or tenancy, to subject to harassment a person who is, or who has applied to be, a pupil or tenant in the set of chambers concerned.]
(3)It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, [F3 to—
(a)discriminate against a woman by subjecting her to a detriment, or
(b)subject a woman to harassment.]
.
(4)In this section— “barrister’s clerk”includes any person carrying out any of the functions of a barrister’s clerk; and “pupil”, “pupillage”, “tenancy” and “tenant” have the meanings commonly associated with their use in the context of a set of barristers’ chambers [F4, but “tenant” shall also include any barrister permitted to work in a set of chambers who is not a tenant (and “tenancy” shall be construed accordingly).] .
(5)Section 3 applies for the purposes of this section as it applies for the purposes of any provision of Part II.
(6)This section does not apply to Scotland.
Textual Amendments
F1S. 35A: words in heading omitted (1.10.2005) by virtue of The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 24(2)
F2S. 35A(2A) inserted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 24(3)
F3Words in s. 35A(3) substituted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 24(4)
F4Words in s. 35A(4) inserted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 24(5)
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