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.