PART 2DISCRIMINATION IN EMPLOYMENT AND VOCATIONAL TRAINING
Exception for genuine occupational requirement etc.9
1
In relation to discrimination falling within regulation 3 (discrimination on grounds of age)—
a
regulation 7(1)(a) or (c) does not apply to any employment;
b
regulation 7(2)(b) or (c) does not apply to promotion or transfer to, or training for, any employment; and
c
regulation 7(2)(d) does not apply to dismissal from any employment,
where paragraph (2) applies.
2
This paragraph applies where, having regard to the nature of the employment or the context in which it is carried out—
a
possessing a characteristic related to age is a genuine and determining occupational requirement;
b
it is proportionate to apply that requirement in the particular case; and
c
either—
i
the person to whom that requirement is applied does not meet it; or
ii
the employer is not satisfied, and in all the circumstances it is reasonable for him not to be satisfied, that that person meets it.