Employment Act 1989

1 Overriding of statutory requirements which conflict with certain provisions of 1975 Act. E+W+S

(1) Any provision of—

(a) an Act passed before the M1 Sex Discrimination Act 1975, or

(b) an instrument approved or made by or under such an Act (including one approved or made after the passing of the 1975 Act),

shall be of no effect in so far as it imposes a requirement to do an act which would be rendered unlawful by any of the provisions of that Act referred to in subsection (2).

(2) Those provisions are—

(a) Part II (discrimination as respects employment);

(b) Part III (discrimination as respects education etc.) so far as it applies to vocational training; and

(c) Part IV (other unlawful acts) so far as it has effect in relation to the provisions mentioned in paragraphs (a) and (b) above.

(3) Where in any legal proceedings (of whatever nature) there falls to be determined the question whether subsection (1) operates to negative the effect of any provision in so far as it requires the application by any person of a [F1 provision, criterion or practice] falling within [F2 section 1(2)(b)(i) or 3(1)(b)(i)] of the 1975 Act (indirect discrimination on grounds of sex or marital status)—

(a) it shall be for any party to the proceedings who claims that subsection (1) does not so operate in relation to that provision to show the [F1 provision, criterion or practice] in question to be justifiable as mentioned in [F3 section 1(2)(b)(ii) or 3(1)(b)(ii) of that Act]; and

(b) the said [F4 section 1(2)(b)(ii) or 3(1)(b)(ii)] shall accordingly have effect in relation to the [F1 provision, criterion or practice] as if the reference to the person applying it were a reference to any such party to the proceedings.

(4) Where an Act passed after the 1975 Act, whether before or after the passing of this Act, re-enacts (with or without modification) a provision of an Act passed before the 1975 Act, that provision as re-enacted shall be treated for the purposes of subsection (1) as if it continued to be contained in an Act passed before the 1975 Act.

Textual Amendments

F1 Words in s. 1(3) substituted (12.10.2001) by S.I. 2001/2660, reg. 9(a)

F2 Words in s. 1(3) substituted (12.10.2001) by S.I. 2001/2660, reg. 9(b)

F3 Words in s. 1(3)(a) substituted (12.10.2001) by S.I. 2001/2660, reg. 9(c)

F4 Words in s. 1(3)(b) substituted (12.10.2001) by S.I. 2001/2660, reg. 9(d)

Modifications etc. (not altering text)

C1 S. 1(1) excluded by S.I. 1989/2420, art. 2

Marginal Citations

M1 1975 c. 65.