SCHEDULE 9Work: exceptions
Part 1Occupational requirements
General
1
(1)
A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to work a requirement to have a particular protected characteristic, if A shows that, having regard to the nature or context of the work—
(a)
it is an occupational requirement,
(b)
the application of the requirement is a proportionate means of achieving a legitimate aim, and
(c)
the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it).
(2)
The provisions are—
(a)
section 39(1)(a) or (c) or (2)(b) or (c);
(b)
section 41(1)(b);
(c)
section 44(1)(a) or (c) or (2)(b) or (c);
(d)
section 45(1)(a) or (c) or (2)(b) or (c);
(e)
section 49(3)(a) or (c) or (6)(b) or (c);
(f)
section 50(3)(a) or (c) or (6)(b) or (c);
(g)
section 51(1).
(3)
The references in sub-paragraph (1) to a requirement to have a protected characteristic are to be read—
(a)
in the case of gender reassignment, as references to a requirement not to be a transsexual person (and section 7(3) is accordingly to be ignored);
(b)
in the case of marriage and civil partnership, as references to a requirement not to be married or a civil partner (and section 8(2) is accordingly to be ignored).
(4)
In the case of a requirement to be of a particular sex, sub-paragraph (1) has effect as if in paragraph (c), the words from “(or” to the end were omitted.