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The Employment Equality (Sexual Orientation) Regulations 2003 (revoked), Section 3 is up to date with all changes known to be in force on or before 19 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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3.—(1) For the purposes of these Regulations, a person (“A”) discriminates against another person (“B”) if—
(a)on grounds of sexual orientation, A treats B less favourably than he treats or would treat other persons; or
(b)A applies to B a provision, criterion or practice which he applies or would apply equally to persons not of the same sexual orientation as B, but—
(i)which puts or would put persons of the same sexual orientation as B at a particular disadvantage when compared with other persons,
(ii)which puts B at that disadvantage, and
(iii)which A cannot show to be a proportionate means of achieving a legitimate aim.
(2) A comparison of B’s case with that of another person under paragraph (1) must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.
[F1(3) For the purposes of paragraph (2), in a comparison of B’s case with that of another person the fact that one of the persons (whether or not B) is a civil partner while the other is married shall not be treated as a material difference between their respective circumstances.]
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