3.—(1) For the purposes of section 5 of the Act, treatment is to be taken to be justified if it results from applying to the disabled person a term or practice—
(a)under which the amount of a person’s pay is wholly or partly dependent on that person’s performance; and
(b)which is applied to all of the employer’s employees or to all of a class of his employees which includes the disabled person but which is not defined by reference to any disability.
(2) Arrangements consisting of the application to a disabled person of a term or practice of the kind referred to in paragraph (1) are not to be taken to place that disabled person at a substantial disadvantage of the kind mentioned in section 6(1) of the Act.
(3) Nothing in this regulation affects the operation of section 6 of the Act in relation to any arrangements or physical features of premises which, by placing a disabled person at a substantial disadvantage, cause reduced performance by him.