4.—(1) For Article 3(1) (direct and indirect discrimination against women), substitute the following—
3. 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.”.
(2) After Article 3, insert the following—
3A.—(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.”.
Regulation 3 was substituted by regulation 2 of S.R. 2001 No. 282 and amended by regulation 4(1) of S.R. 2005 No. 426, paragraph 1 of Schedule 2 to S.I. 2008/963 and regulation 3 of S.R. 2011 No. 156