Part VI General Exceptions From Parts II to IV
38 Other discriminatory training etc.
(1)
Nothing in Parts II to IV shall render unlawful any act done by an employer in relation to particular work in his employment at a particular establishment in Great Britain, being an act done in or in connection with—
(a)
affording only those of his employees working at that establishment who are of a particular racial group access to facilities for training which would help to fit them for that work; or
(b)
encouraging only persons of a particular racial group to take advantage of opportunities for doing that work at that establishment,
where any of the conditions in subsection (2) was satisfied at any time within the twelve months immediately preceding the doing of the act.
(2)
Those conditions are—
(a)
that there are no persons of the racial group in question among those doing that work at that establishment; or
(b)
that the proportion of persons of that group among those doing that work at that establishment is small in comparison with the proportion of persons of that group—
(i)
among all those employed by that employer there; or
(ii)
among the population of the area from which that employer normally recruits persons for work in his employment at that establishment.
(3)
Nothing in section 11 shall render unlawful any act done by an organisation to which that section applies in or in connection with—
(a)
affording only members of the organisation who are of a particular racial group access to facilities for training which would help to fit them for holding a post of any kind in the organisation; or
(b)
encouraging only members of the organisation who are of a particular racial group to take advantage of opportunities for holding such posts in the organisation,
where either of the conditions in subsection (4) was satisfied at any time within the twelve months immediately preceding the doing of the act.
(4)
Those conditions are—
(a)
that there are no persons of the racial group in question among persons holding such posts in that organisation; or
(b)
that the proportion of persons of that group among those holding such posts in that organisation is small in comparison with the proportion of persons of that group among the members of the organisation.
(5)
Nothing in Parts II to IV shall render unlawful any act done by an organisation to which section 11 applies in or in connection with encouraging only persons of a particular racial group to become members of the organisation where at any time within the twelve months immediately preceding the doing of the act—
(a)
no persons of that group were members of the organisation; or
(b)
the proportion of persons of that group among members of the organisation was small in comparison with the proportion of persons of that group among those eligible for membership of the organisation.
(6)
Section 8 (meaning of employment at establishment in Great Britain) shall apply for the purposes of this section as if this section were contained in Part II.