Direct discrimination on the ground of sex3

In any circumstances relevant for the purposes of any provision of this Order, a person (“A”) discriminates against another (“B”) if, on the ground of sex, A treats B less favourably than A treats or would treat another person.

Indirect discrimination on the ground of sex3A

1

In any circumstances relevant for the purposes of any provision of this Order, a person (“A”) discriminates against another person (“B”) if A applies to B a provision, criterion or practice which is discriminatory in relation to B’s sex.

2

For the purposes of paragraph (1), a provision, criterion or practice is discriminatory in relation to B’s sex, if –

a

A applies, or would apply, it to persons of a different sex,

b

it puts, or would put, persons of the same sex as B at a particular disadvantage when compared with persons of a different sex,

c

it puts, or would put, B at that disadvantage, and

d

A cannot show it to be a proportionate means of achieving a legitimate aim.