Sex Discrimination Act 1975 (repealed)

9 F1 . . . contract workers. E+W+S

(1) This section applies to any work [F2 at an establishment in Great Britain,] for a person (“the principal”) which is available for doing by individuals (“contract workers”) who are employed not by the principal himself but by another person, who supplies them under a contract made with the principal.

(2) It is unlawful for the principal, in relation to work to which this section applies, to discriminate against a woman who is a contract worker—

(a) in the terms on which he allows her to do that work, or

(b) by not allowing her to do it or continue to do it, or

(c) in the way he affords her access to any benefits, facilities or services or by refusing or deliberately omitting to afford her access to them, or

(d) by subjecting her to any other detriment.

[F3 (2A) It is unlawful for a principal, in relation to contract work at an establishment in Great Britain, to subject a contract worker to harassment.]

(3) [F4 Subject to subsection (3A),]The principal does not contravene subsection (2)(b) by doing any act in relation to a woman at a time when if the work were to be done by a person taken into his 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, the principal does not contravene subsection (2)(a), (b), (c) or (d) by doing any act in relation to a woman if—

(a) he does it at a time when, if the work were to be done by a person taken into his 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) he can show that the act 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, the principal does not contravene subsection (2)(b) by doing any act in relation to a woman at a time when, if the work were to be done by a person taken into his 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) Subsection (2)(c) does not apply to benefits, facilities or services of any description if the principal 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 to which the woman belongs, unless that provision differs in a material respect from the provision of the benefits, facilities or services by the principal to his contract workers.

Textual Amendments

F1 S. 9: words in heading omitted (1.10.2005) by virtue of The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 10(2)

F2 Words in s. 9(1) inserted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 10(3)

F3 S. 9(2A) inserted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 10(4)

F4 Words in s. 9(3) inserted (1.5.1999) by S.I. 1999/1102, reg. 4(2)

F5 S. 9(3A)(3B)(3C) inserted (1.5.1999) by S.I. 1999/1102, reg. 4(3)

F6 S. 9(3D) inserted (4.4.2005) by Gender Recognition Act 2004 (c. 7), ss. 14, 26, Sch. 6 para. 4; S.I. 2005/54, art. 2

Modifications etc. (not altering text)

C1 S. 9 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), art. 3, Sch.

C2 S. 9 modified by S.I. 1989/901, art. 3, Sch.

C3 S. 9 modified (2.3.1998) by S.I. 1998/218, art. 3, Sch. (which S.I. was revoked (1.9.1999) by S.I. 1999/2556, art. 1(2)

C4 S. 9 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

C5 S. 9 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch.