Part 7 U.K. Miscellaneous

252 Discrimination against civil partners in employment field: Northern Ireland N.I.

(1) Amend the Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15)) as follows.

(2) For Article 5 (discrimination against married persons in employment field) substitute—

“5 Discrimination against married persons and civil partners in employment field

(1) In any circumstances relevant for the purposes of any provision of Part 3, a person discriminates against a person (“A”) who fulfils the condition in paragraph (2) if—

(a) on the ground of the fulfilment of the condition, he treats A less favourably than he treats or would treat a person who does not fulfil the condition, or

(b) he applies to A a provision, criterion or practice which he applies or would apply equally to a person who does not fulfil the condition, but—

(i) which puts or would put persons fulfilling the condition at a particular disadvantage when compared with persons not fulfilling the condition, and

(ii) which puts A at that disadvantage, and

(iii) which he cannot show to be a proportionate means of achieving a legitimate aim.

(2) The condition is that the person is—

(a) married, or

(b) a civil partner.

(3) For the purposes of paragraph (1), a provision of Part 3 framed with reference to discrimination against women is to be treated as applying equally to the treatment of men, and for that purpose has effect with such modifications as are requisite.”

(3) For Article 7 (basis of comparison) substitute—

“7 Basis of comparison

Each of the following comparisons, that is—

(a) a comparison of the cases of persons of different sex under Article 3(1) or (2),

(b) a comparison of the cases of persons required for the purposes of Article 4A, and

(c) a comparison of the cases of persons who do and who do not fulfil the condition in Article 5(2),

must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.”;

and omit Article 3(4).

(4) In Article 10 (exception where sex is a genuine occupational qualification), in paragraph (2)(h) for “by a married couple” substitute—

“(i) by a married couple,

(ii) by a couple who are civil partners of each other, or

(iii) by a married couple or a couple who are civil partners of each other”.

(5) In Article 65 (remedies on complaint under Article 63), in paragraph (1B) for “or marital status as the case may be” substitute “ or (as the case may be) fulfilment of the condition in Article 5(2) ”.