The Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001

Discrimination against married persons

4.  For section 3 of the 1975 Act there is substituted—

“3.    Direct and indirect discrimination against married persons in employment field

(1) In any circumstances relevant for the purposes of any provision of Part 2, a person discriminates against a married person of either sex if—

(a) on the ground of his or her marital status he treats that person less favourably than he treats or would treat an unmarried person of the same sex, or

(b) he applies to that person a provision, criterion or practice which he applies or would apply equally to an unmarried person, but—

(i) which is such that it would be to the detriment of a considerably larger proportion of married persons than of unmarried persons of the same sex, and

(ii) which he cannot show to be justifiable irrespective of the marital status of the person to whom it is applied, and

(iii) which is to that person’s detriment.

(2) For the purposes of subsection (1), a provision of Part 2 framed with reference to discrimination against women shall be treated as applying equally to the treatment of men, and for that purpose shall have effect with such modifications as are requisite.”