Sex Discrimination Act 1986 (repealed)

2 Discrimination as to retirement etc. E+W+S

(1) In subsection (4) of section 6 of the 1975 Act (exclusion of provisions discriminating against employees etc. in relation to death or retirement), at the end there shall be inserted the words “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.”

(2) In subsection (4) of section 11 of the 1975 Act (exclusion of provisions discriminating against partners etc. in relation to death or retirement), at the end there shall be inserted the words “except in so far as, in their application to provision made in relation to retirement, they render it unlawful for a firm to discriminate against a woman—

(a) in such of the terms on which they offer her a position as partner as provide for her expulsion from that position; or

(b) by expelling her from a position as partner or subjecting her to any detriment which results in her expulsion from such a position”

(3) In section 82 of the 1975 Act (interpretation), after subsection (1) there shall be inserted the following subsection—

“(1A) References in this Act to the dismissal of a person from employment or to the expulsion of a person from a position as partner include references—

(a) to the termination of that person’s employment or partnership by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the employment or partnership is renewed on the same terms; and

(b) to the termination of that person’s employment or partnership by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer or, as the case may be, the conduct of the other partners.”

(4) In section 6 of the M1 Equal Pay Act 1970 (exclusions of sections 1 to 5)—

(a) in subsection (1A)(b) (terms related to, or provision in connection with, death or retirement), at the end there shall be inserted the words “ other than a term or provision which, in relation to retirement, affords access to opportunities for promotion, transfer or training or provides for a woman’s dismissal or demotion ”; and

(b) in subsection (2) (meaning of retirement), at the end there shall be inserted the words “ and the reference in subsection (1A) above to a woman’s dismissal shall be construed in accordance with section 82(1A) of the M2 Sex Discrimination Act 1975 as a reference to her dismissal from employment. ”

Marginal Citations

M1 1970 c. 41.

M2 1975 c. 65.