Sex Discrimination Act 1975 (repealed)

6 Discrimination against applicants and employees. E+W+S

(1) It is unlawful for a person, in relation to employment by him at an establishment in Great Britain, to discriminate against a woman—

(a) in the arrangements he makes for the purpose of determining who should be offered that employment, or

(b) in the terms on which he offers her that employment, or

(c) by refusing or deliberately omitting to offer her that employment.

(2) It is unlawful for a person, in the case of a woman employed by him at an establishment in Great Britain, to discriminate against her—

(a) in the way he affords her access to opportunities for promotion, transfer or training, or to any other benefits, facilities or services, or by refusing or deliberately omitting to afford her access to them, or

(b) by dismissing her, or subjecting her to any other detriment.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(4) Subsections (1)(b) and (2) do not apply to provision in relation to death or retirement [F2 except in so far as, in their application to provision in relation to retirement, they render it unlawful for a person to discriminate against a woman -

(a) in such of the terms on which he offers her employment as make provision in relation to the way in which he will afford her access to opportunities for promotion, transfer or training or as provide for her dismissal or demotion; or

(b) in the way he affords her access to opportunities for promotion, transfer or training or by refusing or deliberately omitting to afford her access to any such opportunities; or

(c) by dismissing her or subjecting her to any detriment which results in her dismissal or consists in or involves her demotion.]

(5) Subject to section 8(3), subsection (1)(b) does not apply to any provision for the payment of money which, if the woman in question were given the employment, would be included (directly . . . F3 or otherwise) in the contract under which she was employed.

(6) Subsection (2) does not apply to benefits consisting of the payment of money when the provision of those benefits is regulated by the woman’s contract of employment.

(7) Subsection (2) does not apply to benefits, facilities or services of any description if the employer is concerned with the provision (for payment or not) of benefits, facilities or services of that description to the public, or to a section of the public comprising the woman in question, unless—

(a) that provision differs in a material respect from the provision of the benefits, facilities or services by the employer to his employees, or

(b) the provision of the benefits, facilities or services to the woman in question is regulated by her contract of employment, or

(c) the benefits, facilities or services relate to training.

Textual Amendments

F1 S. 6(3) repealed by Sex Discrimination Act 1986 (c. 59, SIF 106:1), ss. 1(1), 9, Sch. Pt. II

F2 Words from “except in” to “her demotion” added at end of s. 6(4) by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 2(1)

F3 Words repealed by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 9, Sch. Pt. II

Modifications etc. (not altering text)

C1 S. 6 modified by S.I. 1989/901, art. 3, Sch.