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Sex Discrimination Act 1975

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Sex Discrimination Act 1975

1975 CHAPTER 65

An Act to render unlawful certain kinds of sex discrimination and discrimination on the ground of marriage, and establish a Commission with the function of working towards the elimination of such discrimination and promoting equality of opportunity between men and women generally; and for related purposes.

[12th November 1975]

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Modifications etc. (not altering text)

C1Power to amend the Act conferred by Employment Act 1989 (c. 38, SIF 43:1, 106:1), s. 6(1)(2)

C2Act restricted (22.8.1996) by 1996 c. 17, ss. 21, 46 (with s. 38);

Act restricted (22.8.1996) by 1996 c. 18, ss. 126(1)(b), 243

C3Act: functions transferred in part (12.10.2007) by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 3(2)(b)

Part I E+W+S Discrimination to Which Act Applies

[F11 Direct and indirect discrimination against womenE+W+S

(1)In any circumstances relevant for the purposes of any provision of this Act, other than a provision to which subsection (2) applies, a person discriminates against a woman if—

(a)on the ground of her sex he treats her less favourably than he treats or would treat a man, or

(b)he applies to her a requirement or condition which he applies or would apply equally to a man but—

(i)which is such that the proportion of women who can comply with it is considerably smaller than the proportion of men who can comply with it, and

(ii)which he cannot show to be justifiable irrespective of the sex of the person to whom it is applied, and

(iii)which is to her detriment because she cannot comply with it.

(2)In any circumstances relevant for the purposes of a provision to which this subsection applies, a person discriminates against a woman if—

(a)on the ground of her sex, he treats her less favourably than he treats or would treat a man, or

[F2(b)he applies to her a provision, criterion or practice which he applies or would apply equally to a man, but—

(i)which puts or would put women at a particular disadvantage when compared with men,

(ii)which puts her at that disadvantage, and

(iii)which he cannot show to be a proportionate means of achieving a legitimate aim.]

(3)Subsection (2) applies to—

(a)any provision of Part 2,

[F3(aa)sections 29 to 31, except in so far as they relate to an excluded matter,]

(b)sections 35A and 35B F4, and

(c)any other provision of Part 3, so far as it applies to vocational training.

(4)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

F1S. 1 substituted (12.10.2001) by S.I. 2001/2660, reg. 3

2 Sex discrimination against men.E+W+S

(1)Section 1, and the provisions of Parts II and III relating to sex discrimination against women, are to be read as applying equally to the treatment of men, and for that purpose shall have effect with such modifications as are requisite.

(2)In the application of subsection (1) no account shall be taken of special treatment afforded to women in connection with pregnancy or childbirth.

[F62A“Discrimination on the grounds of gender reassignment.”E+W+S
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Amendments (Textual)

F6S. 2A inserted (1.5.1999) by S.I. 1999/1102, reg. 2(1)

(1)A person (“A”) discriminates against another person (“B”) in any circumstances relevant for the purposes of—

(a)any provision of Part II,

[F7(aa)section 29, 30 or 31, except in so far as it relates to an excluded matter,]

(b)section 35A or 35B, or

(c)any other provision of Part III, so far as it applies to vocational training,

if he treats B less favourably than he treats or would treat other persons, and does so on the ground that B intends to undergo, is undergoing or has undergone gender reassignment.

(2)Subsection (3) applies to arrangements made by any person in relation to another’s absence from work or from vocational training.

(3)For the purposes of subsection (1), B is treated less favourably than others under such arrangements if, in the application of the arrangements to any absence due to B undergoing gender reassignment—

(a)he is treated less favourably than he would be if the absence was due to sickness or injury, or

(b)he is treated less favourably than he would be if the absence was due to some other cause and, having regard to the circumstances of the case, it is reasonable for him to be treated no less favourably.

(4)In subsections (2) and (3) “arrangements” includes terms, conditions or arrangements on which employment, a pupillage or tenancy or vocational training is offered.

(5)For the purposes of subsection (1), a provision mentioned in that subsection framed with reference to discrimination against women shall be treated as applying equally to the treatment of men with such modifications as are requisite.]

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Amendments (Textual)

[F83 Discrimination against married persons and civil partners in employment fieldE+W+S
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Amendments (Textual)

(1)In any circumstances relevant for the purposes of any provision of Part 2, a person discriminates against a person (“A”) who fulfils the condition in subsection (2) if—

(a)on the ground of the fulfilment of the condition, he treats A less favourably than he treats or would treat a person who does not fulfil the condition, or

(b)he applies to A a provision, criterion or practice which he applies or would apply equally to a person who does not fulfil the condition, but—

(i)which puts or would put persons fulfilling the condition at a particular disadvantage when compared with persons not fulfilling the condition, and

(ii)which puts A at that disadvantage, and

(iii)which he cannot show to be a proportionate means of achieving a legitimate aim.

(2)The condition is that the person is—

(a)married, or

(b)a civil partner.

(3)For the purposes of subsection (1), a provision of Part 2 framed with reference to discrimination against women is to be treated as applying equally to the treatment of men, and for that purpose has effect with such modifications as are requisite.]

[F93ADiscrimination on the ground of pregnancy or maternity leaveE+W+S
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Amendments (Textual)

(1)In any circumstances relevant for the purposes of a provision to which this subsection applies, a person discriminates against a woman if—

(a)at a time in a protected period, and on the ground of the woman's pregnancy, the person treats her less favourably F10. . . ; or

(b)on the ground that the woman is exercising or seeking to exercise, or has exercised or sought to exercise, a statutory right to maternity leave, the person treats her less favourably F11. . . .

(2)In any circumstances relevant for the purposes of a provision to which this subsection applies, a person discriminates against a woman if, on the ground that section 72(1) of the Employment Rights Act 1996 (compulsory maternity leave) has to be complied with in respect of the woman, he treats her less favourably F12. . . .

(3)For the purposes of subsection (1)—

(a)in relation to a woman, a protected period begins each time she becomes pregnant, and the protected period associated with any particular pregnancy of hers ends in accordance with the following rules—

(i)if she is entitled to ordinary but not additional maternity leave in connection with the pregnancy, the protected period ends at the end of her period of ordinary maternity leave connected with the pregnancy or, if earlier, when she returns to work after the end of her pregnancy;

(ii)if she is entitled to ordinary and additional maternity leave in connection with the pregnancy, the protected period ends at the end of her period of additional maternity leave connected with the pregnancy or, if earlier, when she returns to work after the end of her pregnancy;

(iii)if she is not entitled to ordinary maternity leave in respect of the pregnancy, the protected period ends at the end of the 2 weeks beginning with the end of the pregnancy;

(b)where a person's treatment of a woman is on grounds of illness suffered by the woman as a consequence of a pregnancy of hers, that treatment is to be taken to be on the ground of the pregnancy;

(c)a “statutory right to maternity leave” means a right conferred by section 71(1) or 73(1) of the Employment Rights Act 1996 (ordinary and additional maternity leave).

(4)In subsection (3) “ordinary maternity leave” and “additional maternity leave” shall be construed in accordance with sections 71 and 73 of the Employment Rights Act 1996.

(5)Subsections (1) and (2) apply to—

(a)any provision of Part 2,

(b)sections 35A and 35B, and

(c)any other provision of Part 3, so far as it applies to vocational training.]

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Amendments (Textual)

[F133BDiscrimination on the ground of pregnancy or maternity: goods, facilities, services or premisesE+W+S
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Amendments (Textual)

(1)In any circumstances relevant for the purposes of a provision to which this subsection applies, a person discriminates against a woman if he treats her less favourably—

(a)on the ground of her pregnancy, or

(b)within the period of 26 weeks beginning on the day on which she gives birth, on the ground that she has given birth.

(2)A person (P) is taken to discriminate against a woman on the ground of her pregnancy if—

(a)P refuses to provide her with goods, facilities or services because P thinks that providing them would, because of her pregnancy, create a risk to her health or safety, or

(b)P provides or offers to provide them on conditions intended to remove or reduce such a risk because P thinks that provision of them without the conditions would create such a risk.

(3)Subsection (2) does not apply if—

(a)it is reasonable for P to think as mentioned in paragraph (a) or (b), and

(b)P applies an equivalent policy.

(4)An equivalent policy is—

(a)for the purposes of subsection (2)(a), refusing to provide the goods, facilities or services to persons with other physical conditions because P thinks that to do so would, because of such physical conditions, create a risk to the health or safety of such persons;

(b)for the purposes of subsection (2)(b), imposing conditions on the provision of goods, facilities or services to such persons which are intended to remove or reduce the risk to their health or safety because P thinks that the provision without the conditions would create such a risk.

(5)Subsection (1) applies to sections 29 to 31, except in so far as they relate to an excluded matter.]

4 Discrimination by way of victimisation.E+W+S

(1)A person (“the discriminator”) discriminates against another person (“the person victimised”) in any circumstances relevant for the purposes of any provision of this Act if he treats the person victimised less favourably than in those circumstances he treats or would treat other persons, and do so by reason that the person victimised has—

(a)brought proceedings against the discriminator or any other person under this Act or the M1Equal Pay Act 1970 [F14or sections 62 to 65 of the Pensions Act 1995],or

(b)given evidence or information in connection with proceedings brought by any person against the discriminator or any other person under this Act or the M2Equal Pay Act 1970 [F14or sections 62 to 65 of the Pensions Act 1995], or

(c)otherwise done anything under or by reference to this Act or the M3Equal Pay Act 1970 [F14or sections 62 to 65 of the Pensions Act 1995]in relation to the discriminator or any other person, or

(d)alleged that the discriminator or any other person has committed an act which (whether or not the allegation so states) would amount to a contravention of this Act or give rise to a claim under the M4Equal Pay Act 1970, [F15or under sections 62 to 65 of the Pensions Act 1995]

or by reason that the discriminator knows the person victimised intends to do any of those things, or suspects the person victimised has done, or intends to do, any of them.

(2)Subsection (1) does not apply to treatment of a person by reason of any allegation made by him if the allegation was false and not made in good faith.

(3)For the purposes of subsection (1), a provision of Part II or III framed with reference to discrimination against women shall be treated as applying equally to the treatment of men and for that purpose shall have effect with such modifications as are requisite.

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Amendments (Textual)

Marginal Citations

[F164AHarassment, including sexual harassmentE+W+S
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Amendments (Textual)

(1)For the purposes of this Act, a person subjects a woman to harassment if—

(a)[F17he engages in unwanted conduct that is related to her sex or that of another person and] has the purpose or effect—

(i)of violating her dignity, or

(ii)of creating an intimidating, hostile, degrading, humiliating or offensive environment for her,

(b)he engages in any form of unwanted verbal, non-verbal or physical conduct of a sexual nature that has the purpose or effect—

(i)of violating her dignity, or

(ii)of creating an intimidating, hostile, degrading, humiliating or offensive environment for her, or

(c)on the ground of her rejection of or submission to unwanted conduct of a kind mentioned in paragraph (a) or (b), he treats her less favourably than he would treat her had she not rejected, or submitted to, the conduct.

(2)Conduct shall be regarded as having the effect mentioned in sub-paragraph (i) or (ii) of subsection (1)(a) or (b) only if, having regard to all the circumstances, including in particular the perception of the woman, it should reasonably be considered as having that effect.

(3)For the purposes of this Act, a person (“A”) subjects another person (“B”) to harassment if—

(a)A, on the ground that B intends to undergo, is undergoing or has undergone gender reassignment, engages in unwanted conduct that has the purpose or effect—

(i)of violating B's dignity, or

(ii)of creating an intimidating, hostile, degrading, humiliating or offensive environment for B, or

(b)A, on the ground of B's rejection of or submission to unwanted conduct of a kind mentioned in paragraph (a), treats B less favourably than A would treat B had B not rejected, or submitted to, the conduct.

(4)Conduct shall be regarded as having the effect mentioned in sub-paragraph (i) or (ii) of subsection (3)(a) only if, having regard to all the circumstances, including in particular the perception of B, it should reasonably be considered as having that effect.

(5)Subsection (1) is to be read as applying equally to the harassment of men, and for that purpose shall have effect with such modifications as are requisite.

(6)For the purposes of subsections (1) and (3), a provision of Part 2 or 3 framed with reference to harassment of women shall be treated as applying equally to the harassment of men, and for that purpose will have effect with such modifications as are requisite.]

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Amendments (Textual)

5 Interpretation.E+W+S

(1)In this Act—

(a)references to discrimination refer to any discrimination falling within sections 1 to 4; and

(b)references to sex discrimination refer to any discrimination falling within [F18section 1, 2 [F19, 3A or 3B]],

and related expressions shall be construed accordingly.

(2)In this Act—

  • woman” includes a female of any age, and

  • man” includes a male of any age.

[F20(3)Each of the following comparisons, that is—

(a)a comparison of the cases of persons of different sex under section 1(1) or (2),

(b)a comparison of the cases of persons required for the purposes of section 2A, and

(c)a comparison of the cases of persons who do and who do not fulfil the condition in section 3(2),

must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.]

[F21(4)In this Act, references to an excluded matter must be construed in accordance with section 35ZA.]

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Amendments (Textual)

Part II E+W+S[F22EMPLOYMENT FIELD]

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Modifications etc. (not altering text)

Discrimination by employersE+W+S

6F23. . . applicants and employees.E+W+S
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Amendments (Textual)

Modifications etc. (not altering text)

(1)It is unlawful for a person, in relation to employment by him at an establishment in Great Britain, to discriminate against a woman—

(a)in the arrangements he makes for the purpose of determining who should be offered that employment, or

(b)in the terms on which he offers her that employment, or

(c)by refusing or deliberately omitting to offer her that employment.

(2)It is unlawful for a person, in the case of a woman employed by him at an establishment in Great Britain, to discriminate against her—

(a)in the way he affords her access to opportunities for promotion, transfer or training, or to any other benefits, facilities or services, or by refusing or deliberately omitting to afford her access to them, or

(b)by dismissing her, or subjecting her to any other detriment.

[F24(2A)It is unlawful for an employer, in relation to employment by him at an establishment in Great Britain, to subject to harassment—

(a)a woman whom he employs, or

(b)a woman who has applied to him for employment.]

[F25(2B)For the purposes of subsection (2A), the circumstances in which an employer is to be treated as subjecting a woman to harassment shall include those where—

(a)a third party subjects the woman to harassment in the course of her employment, and

(b)the employer has failed to take such steps as would have been reasonably practicable to prevent the third party from doing so.

(2C)Subsection (2B) does not apply unless the employer knows that the woman has been subject to harassment in the course of her employment on at least two other occasions by a third party.

(2D)In subsections (2B) and (2C), “third party” means a person other than—

(a)the employer, or

(b)a person whom the employer employs,

and for the purposes of those subsections it is immaterial whether the third party is the same or a different person on each occasion.]

F26(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F27(4)Subsections (1)(b) and (2) do not render it unlawful for a person to discriminate against a woman in relation to her membership of, or rights under, an occupational pension scheme in such a way that, were any term of the scheme to provide for discrimination in that way, then, by reason only of any provision made by or under sections 62 to 64 of the Pensions Act 1995 (equal treatment), an equal treatment rule would not operate in relation to that term.

(4A)In subsection (4), “occupational pension scheme” has the same meaning as in the Pension Schemes Act 1993 and “equal treatment rule” has the meaning given by section 62 of the Pensions Act 1995]

(a)in such of the terms on which he offers her employment as make provision in relation to the way in which he will afford her access to opportunities for promotion, transfer or training or as provide for her dismissal or demotion; or

(b)in the way he affords her access to opportunities for promotion, transfer or training or by refusing or deliberately omitting to afford her access to any such opportunities; or

(c)by dismissing her or subjecting her to any detriment which results in her dismissal or consists in or involves her demotion.

(5)Subject to section 8(3), subsection (1)(b) does not apply to any provision for the payment of money which, if the woman in question were given the employment, would be included (directly . . . F28or otherwise) in the contract under which she was employed.

(6)Subsection (2) does not apply to benefits consisting of the payment of money when the provision of those benefits is regulated by the woman’s contract of employment.

(7)Subsection (2) does not apply to benefits, facilities or services of any description if the employer is concerned with the provision (for payment or not) of benefits, facilities or services of that description to the public, or to a section of the public comprising the woman in question, unless—

(a)that provision differs in a material respect from the provision of the benefits, facilities or services by the employer to his employees, or

(b)the provision of the benefits, facilities or services to the woman in question is regulated by her contract of employment, or

(c)the benefits, facilities or services relate to training.

[F29(8)In its application to any discrimination falling within section 2A, this section shall have effect with the omission of subsections (4) to (6).]

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Amendments (Textual)

F27S. 6(4)(4A) substituted for s. 6(4) (1.1.1996) by 1995 c. 26, s. 66(3); S.I. 1995/3104, art. 2(2)(b)

F29S. 6(8) inserted (1.5.1999) by S.I. 1999/1102, reg. 3(1)

Modifications etc. (not altering text)

C7S. 6 modified by S.I. 1989/901, art. 3, Sch.

C8S. 6 modified (2.3.1998) by S.I. 1998/218, art. 3, Sch. (which S.I. was revoked (1.9.1999) by S.I. 1999/2256, art. 1(2))

C9S. 6 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

[F306AException relating to terms and conditions during maternity leaveE+W+S
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Amendments (Textual)

(1)Subject to subsection (2), section 6(1)(b) and (2) does not make it unlawful to deprive a woman who is on maternity leave of any benefit from the terms and conditions of her employment relating to remuneration.

(2)The reference in subsection (1) to benefit from the terms and conditions of a woman's employment relating to remuneration does not include a reference to—

(a)maternity-related remuneration (including maternity-related remuneration that is increase-related),

(b)remuneration (including increase-related remuneration) in respect of times when the woman is not on maternity leave, or

(c)remuneration by way of bonus in respect of times when a woman is on compulsory maternity leave.

(3)For the purposes of subsection (2), remuneration is increase-related so far as it falls to be calculated by reference to increases in remuneration that the woman would have received had she not been on maternity leave.

(4)In this section—“maternity-related remuneration”, in relation to a woman, means remuneration to which she is entitled as a result of being pregnant or being on maternity leave;“on compulsory maternity leave” means absent from work in consequence of the prohibition in section 72(1) of the Employment Rights Act 1996;“on maternity leave” means—

(a)on compulsory maternity leave,

(b)absent from work in exercise of the right conferred by section 71(1) of the Employment Rights Act 1996 (ordinary maternity leave), or

(c)absent from work in exercise of the right conferred by section 73(1) of that Act (additional maternity leave); and

remuneration” means benefits—

(a)that consist of the payment of money to an employee by way of wages or salary, and

(b)that are not benefits whose provision is regulated by the employee's contract of employment.]]

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Amendments (Textual)

F31S. 6A substituted (6.4.2008 with application as stated in reg. 1(3) of the amending S.I.) by The Sex Discrimination Act 1975 (Amendment) Regulations 2008 (S.I. 2008/656), reg. 5

7 Exception where sex is a genuine occupational qualification.E+W+S

(1)In relation to sex discrimination—

(a)section 6(1)(a) or (c) does not apply to any employment where being a man is a genuine occupational qualification for the job, and

(b)section 6(2)(a) does not apply to opportunities for promotion or transfer to, or training for, such employment.

(2)Being a man is a genuine occupational qualification for a job only where—

(a)the essential nature of the job calls for a man for reasons of physiology (excluding physical strength or stamina) or, in dramatic performances or other entertainment, for reasons of authenticity, so that the essential nature of the job would be materially different if carried out by a woman; or

(b)the job needs to be held by a man to preserve decency or privacy because—

(i)it is likely to involve physical contact with men in circumstances where they might reasonably object to its being carried out by a woman, or

(ii)the holder of the job is likely to do his work in circumstances where men might reasonably object to the presence of a woman because they are in a state of undress or are using sanitary facilities; or

[F32(ba)the job is likely to involve the holder of the job doing his work, or living, in a private home and needs to be held by a man because objection might reasonably be taken to allowing to a woman–

(i)the degree of physical or social contact with a person living in the home, or

(ii)the knowledge of intimate details of such a person’s life,

which is likely, because of the nature or circumstances of the job or of the home, to be allowed to, or available to, the holder of the job; or]

(c)the nature or location of the establishment makes it impracticable for the holder of the job to live elsewhere than in premises provided by the employer, and—

(i)the only such premises which are available for persons holding that kind of job are lived in, or normally lived in, by men and are not equipped with separate sleeping accommodation for women and sanitary facilities which could be used by women in privacy from men, and

(ii)it is not reasonable to expect the employer either to equip those premises with such accommodation and facilities or to provide other premises for women; or

(d)the nature of the establishment, or of the part of it within which the work is done, requires the job to be held by a man because—

(i)it is, or is part of, a hospital, prison or other establishment for persons requiring special care, supervision or attention, and

(ii)those persons are all men (disregarding any woman whose presence is exceptional), and

(iii)it is reasonable, having regard to the essential character of the establishment or that part, that the job should not be held by a woman; or

(e)the holder of the job provides individuals with personal services promoting their welfare or education, or similar personal services, and those services can most effectively be provided by a man, or

F33(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the job needs to be held by a man because it is likely to involve the performance of duties outside the United Kingdom in a country whose laws or customs are such that the duties could not, or could not effectively, be performed by a woman, or

(h)the job is one of two to be held

[F34(i)by a married couple,

(ii)by a couple who are civil partners of each other, or

(iii)by a married couple or a couple who are civil partners of each other].

(3)Subsection (2) applies where some only of the duties of the job fall within paragraphs (a) to (g) as well as where all of them do.

(4)Paragraph (a), (b), (c), (d), (e) F35. . . or (g) of subsection (2) does not apply in relation to the filling of a vacancy at a time when the employer already has male employees—

(a)who are capable of carrying out the duties falling within that paragraph, and

(b)whom it would be reasonable to employ on those duties, and

(c)whose numbers are sufficient to meet the employer’s likely requirements in respect of those duties without undue inconvenience.

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Amendments (Textual)

F34S. 7(2)(h): (i)-(iii) and preceding word substituted (5.12.2005) for words by Civil Partnership Act 2004 (c. 33), ss. 251(3), 263; S.I. 2005/3175, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C11S. 7 modified by S.I. 1989/901, art. 3, Sch.

C13S. 7 modified (2.3.1998) by S.I. 1998/218, art. 3, Sch. (which S.I. was revoked (1.9.1999) by S.I. 1999/2256, art. 1(2))

C14S. 7 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

[F367A“Corresponding exception relating to gender reassignment.”E+W+S
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Amendments (Textual)

F36Ss. 7A, 7B inserted (1.5.1999) by S.I. 1999/1102, reg. 4(1)

(1)In their application to discrimination falling within section 2A, subsections (1) and (2) of section 6 do not make unlawful an employer’s treatment of another person if—

(a)in relation to the employment in question—

(i)being a man is a genuine occupational qualification for the job, or

(ii)being a woman is a genuine occupational qualification for the job, and

(b)the employer can show that the treatment is reasonable in view of the circumstances described in the relevant paragraph of section 7(2) and any other relevant circumstances.

(2)In subsection (1) the reference to the employment in question is a reference—

(a)in relation to any paragraph of section 6(1), to the employment mentioned in that paragraph;

(b)in relation to section 6(2)—

(i)in its application to opportunities for promotion or transfer to any employment or for training for any employment, to that employment;

(ii)otherwise, to the employment in which the person discriminated against is employed or from which that person is dismissed.

(3)In determining for the purposes of subsection (1) whether being a man or being a woman is a genuine occupational qualification for a job, section 7(4) applies in relation to dismissal from employment as it applies in relation to the filling of a vacancy.

[F37(4)Subsection (1) does not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.]

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Amendments (Textual)

7B“Supplementary exceptions relating to gender reassignment.”E+W+S

(1)In relation to discrimination falling within section 2A—

(a)section 6(1)(a) or (c) does not apply to any employment where there is a supplementary genuine occupational qualification for the job,

(b)section 6(2)(a) does not apply to a refusal or deliberate omission to afford access to opportunities for promotion or transfer to or training for such employment, and

(c)section 6(2)(b) does not apply to dismissing an employee from, or otherwise not allowing him to continue in, such employment.

(2)Subject to subsection (3), there is a supplementary genuine occupational qualification for a job only if—

(a)the job involves the holder of the job being liable to be called upon to perform intimate physical searches pursuant to statutory powers;

(b)the job is likely to involve the holder of the job doing his work, or living, in a private home and needs to be held otherwise than by a person who is undergoing or has undergone gender reassignment, because objection might reasonably be taken to allowing to such a person—

(i)the degree of physical or social contact with a person living in the home, or

(ii)the knowledge of intimate details of such a person’s life,

which is likely, because of the nature or circumstances of the job or of the home, to be allowed to, or available to, the holder of the job;

(c)the nature or location of the establishment makes it impracticable for the holder of the job to live elsewhere than in premises provided by the employer, and—

(i)the only such premises which are available for persons holding that kind of job are such that reasonable objection could be taken, for the purpose of preserving decency and privacy, to the holder of the job sharing accommodation and facilities with either sex whilst undergoing gender reassignment, and

(ii)it is not reasonable to expect the employer either to equip those premises with suitable accommodation or to make alternative arrangements; or

(d)the holder of the job provides vulnerable individuals with personal services promoting their welfare, or similar personal services, and in the reasonable view of the employer those services cannot be effectively provided by a person whilst that person is undergoing gender reassignment.

[F38(3)Subsection (2) does not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.]

[F39(4)Paragraph (a) of subsection (2) does not apply in relation to the filling of a vacancy at a time when the employer already has employees falling within subsection (5)—

(a)who are capable of carrying out the duties falling within that paragraph, and

(b)whom it would be reasonable to employ on those duties, and

(c)whose numbers are sufficient to meet the employer's likely requirements in respect of those duties without undue inconvenience.

(5)An employee falls within this subsection if the employee does not intend to undergo and is not undergoing gender reassignment and either—

(a)the employee has not undergone gender reassignment; or

(b)the employee's gender has become the acquired gender under the Gender Recognition Act 2004 F40.]]

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Amendments (Textual)

8 Equal Pay Act 1970.E+W+S

(1)In section 1 of the M5Equal Pay Act 1970, the following are substituted for subsections (1) to (3)—

(1)If the terms of a contract under which a woman is employed at an establishment in Great Britain do not include (directly or by reference to a collective agreement or otherwise) an equality clause they shall be deemed to include one.

(2)An equality clause is a provision which relates to terms (whether concerned with pay or not) of a contract under which a woman is employed (the “woman’s contract”), and has the effect that—

(a)where the woman is employed on like work with a man in the same employment—

(ii)if (apart from the equality clause) any term of the woman’s contract is or becomes less favourable to the woman than a term of a similar kind in the contract under which that man is employed, that term of the woman’s contract shall be treated as so modified as not to be less favourable, and

(ii)if (apart from the equality clause) at any time the woman’s contract does not include a term corresponding to a term benefiting that man included in the contract under which he is employed, the woman’s contract shall be treated as including such;

(b)where the woman is employed on work rated as equivalent with that of a man in the same employment—

(i)if (apart from the equality clause) any term of the woman’s contract determined by the rating of the work is or becomes less favourable to the woman than a term of a similar kind in the contract under which that man is employed, that term of the woman’s contract shall be treated as so modified as not to be less favourable, and

(ii)if (apart from the equality clause) at any time the woman’s contract does not include a term corresponding to a term benefiting that man included in the contract under which he is employed and determined by the rating of the work, the woman’s contract shall be treated as including such a term.

(3)An equality clause shall not operate in relation to a variation between the woman’s contract and the man’s contract if the employer proves that the variation is genuinely due to a material difference (other than the difference in sex) between her case and his.

(2)Section 1(1) of the M6Equal Pay Act 1970 (as set out in subsection (1) above) does not apply in determining for the purposes of section 6(1)(b) of this Act the terms on which employment is offered.

(3)Where a person offers a woman employment on certain terms, and if she accepted the offer then, by virtue of an equality clause, any of those terms would fall to be modified, or any additional term would fall to be included, the offer shall be taken to contravene section 6(1)(b).

(4)Where a person offers a woman employment on certain terms, and subsection (3) would apply but for the fact that, on her acceptance of the offer, section 1(3) of the M7Equal Pay Act 1970 (as set out in subsection (1) above) would prevent the equality clause from operating, the offer shall be taken not to contravene section 6(1)(b).

(5)An act does not contravene section 6(2) if—

(a)it contravenes a term modified or included by virtue of an equality clause, or

(b)it would contravene such a term but for the fact that the equality clause is prevented from operating by section 1(3) of the M8Equal Pay Act 1970.

(6)The Equal Pay Act 1970 is further amended as specified in Part I of Schedule 1, and accordingly has effect as set out in Part II of Schedule 1.

[F41(7)In its application to any discrimination falling within section 2A, this section shall have effect with the omission of subsections (3), (4) and (5)(b).]

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Amendments (Textual)

F41S. 8(7) inserted (1.5.1999) by S.I. 1999/1102, reg. 3(2)

Modifications etc. (not altering text)

C16The text of ss. 8(1)(6), 18(2), 21(2), Sch. 1 Pt. I paras. 1–5, 6(1), Sch. 1 Pt. II, Sch. 3 para. 16(1)(2), Sch. 5 para. 1 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

9F42. . . contract workers.E+W+S
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Amendments (Textual)

Modifications etc. (not altering text)

(1)This section applies to any work [F43at an establishment in Great Britain,] for a person (“the principal”) which is available for doing by individuals (“contract workers”) who are employed not by the principal himself but by another person, who supplies them under a contract made with the principal.

(2)It is unlawful for the principal, in relation to work to which this section applies, to discriminate against a woman who is a contract worker—

(a)in the terms on which he allows her to do that work, or

(b)by not allowing her to do it or continue to do it, or

(c)in the way he affords her access to any benefits, facilities or services or by refusing or deliberately omitting to afford her access to them, or

(d)by subjecting her to any other detriment.

[F44(2A)It is unlawful for a principal, in relation to contract work at an establishment in Great Britain, to subject a contract worker to harassment.]

(3)[F45Subject to subsection (3A),]The principal does not contravene subsection (2)(b) by doing any act in relation to a woman at a time when if the work were to be done by a person taken into his employment being a man would be a genuine occupational qualification for the job.

[F46(3A)Subsection (3) does not apply in relation to discrimination falling within section 2A.

(3B)In relation to discrimination falling within section 2A, the principal does not contravene subsection (2)(a), (b), (c) or (d) by doing any act in relation to a woman if—

(a)he does it at a time when, if the work were to be done by a person taken into his employment—

(i)being a man would be a genuine occupational qualification for the job, or

(ii)being a woman would be a genuine occupational qualification for the job, and

(b)he can show that the act is reasonable in view of the circumstances relevant for the purposes of paragraph (a) and any other relevant circumstances.

(3C)In relation to discrimination falling within section 2A, the principal does not contravene subsection (2)(b) by doing any act in relation to a woman at a time when, if the work were to be done by a person taken into his employment, there would be a supplementary genuine occupational qualification for the job.]

[F47(3D)Subsections (3B) and (3C) do not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.]

(4)Subsection (2)(c) does not apply to benefits, facilities or services of any description if the principal is concerned with the provision (for payment or not) of benefits, facilities or services of that description to the public, or to a section of the public to which the woman belongs, unless that provision differs in a material respect from the provision of the benefits, facilities or services by the principal to his contract workers.

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Amendments (Textual)

F45Words in s. 9(3) inserted (1.5.1999) by S.I. 1999/1102, reg. 4(2)

Modifications etc. (not altering text)

C18S. 9 modified by S.I. 1989/901, art. 3, Sch.

C19S. 9 modified (2.3.1998) by S.I. 1998/218, art. 3, Sch. (which S.I. was revoked (1.9.1999) by S.I. 1999/2556, art. 1(2)

C20S. 9 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

10 Meaning of employment at establishment in Great Britain.E+W+S

[F48(1)For the purposes of this Part and section 1 of the Equal Pay Act 1970 (“the relevant purposes”), employment is to be regarded as being at an establishment in Great Britain if—

(a)the employee does his work wholly or partly in Great Britain, or

(b)the employee does his work wholly outside Great Britain and subsection (1A) applies.

(1A)This subsection applies if—

(a)the employer has a place of business at an establishment in Great Britain,

(b)the work is for the purposes of the business carried on at that establishment, and

(c)the employee is ordinarily resident in Great Britain—

(i)at the time when he applies for or is offered the employment, or

(ii)at any time during the course of the employment.]

[F49(2)The reference to “employment” in subsection (1) includes—

(a)employment on board a ship [F50, only if the ship is] registered at a port of registry in Great Britain, and

(b)employment on aircraft or hovercraft [F51, only if the aircraft or hovercraft is] registered in the United Kingdom and operated by a person who has his principal place of business, or is ordinarily resident, in Great Britain.]

(3)In the case of employment on board a ship registered at a port of registry in Great Britain (except where the employee does his work wholly outside Great Britain [F52and subsection (1A) does not apply]) the ship shall for the relevant purposes be deemed to be the establishment.

(4)Where work is not done at an establishment it shall be treated for the relevant purposes as done at the establishment from which it is done or (where it is not done from any establishment) at the establishment with which it has the closest connection.

(5)In relation to employment concerned with exploration of the sea bed or subsoil or the exploitation of their natural resources, Her Majesty may by Order in Council [F53 provide that subsections (1) and (3) shall have effect as if—

(a)the reference to Great Britain in each of paragraphs (a) and (b) of subsection (1), and

(b)each of the references to Great Britain in subsections (1A) to (3),

included] any area for the time being designated under section 1(7) of the M9Continental Shelf Act 1964, except an area or part of an area in which the law of Northern Ireland applies.

(6)An Order in Council under subsection (5) may provide that, in relation to employment to which the Order applies, this Part and section 1 of the M10Equal Pay Act 1970 are to have effect with such modifications as are specified in the Order.

(7)An Order in Council under subsection (5) shall be of no effect unless a draft of the Order was laid before and approved by each House of Parliament.

[F54(8)Subsections (1) to (4) or, where an Order in Council under subsection (5) is in force, those subsections as modified by the Order, apply for the purposes of determining whether contract work, within the meaning given by section 9, is at an establishment in Great Britain, but so apply with the following modifications—

(a)a reference to employment is to be read as a reference to work to which section 9 applies, and

(b)“employee” and “employer” shall be read (respectively) as “contract worker” and “principal”, with “contract worker” and “principal” having the meaning given by section 9.]

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Amendments (Textual)

F49S. 10(2) substituted (16.12.1999) by S.I. 1999/3163, reg. 2

Modifications etc. (not altering text)

C22S. 10(1) extended by S.I. 1987/930, art. 2

Marginal Citations

E+W+S

[F55Discrimination against office-holders etc.

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Amendments (Textual)

10AOffices and posts to which section 10B appliesE+W+S

(1)Subject to subsections (2) and (3), section 10B applies to an office or post if—

(a)the office or post is one—

(i)to which persons are appointed to discharge functions personally under the direction of another person, and

(ii)in respect of which they are entitled to remuneration,

(b)the office or post is one to which appointments are made by a Minister of the Crown, a government department, the [F56Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government] or any part of the Scottish Administration, or

(c)the office or post is one to which appointments are made on the recommendation of, or subject to the approval of, a person referred to in paragraph (b).

(2)Section 10B does not apply to an office or post if section 6 (employment), section 9 (contract work), section 11 (partnerships), section 35A (barristers) or section 35B (advocates)—

(a)applies in relation to an appointment to the office or post, or

(b)would apply in relation to an appointment to the office or post but for the operation of any other provision of this Act.

(3)Section 10B does not apply to—

(a)any office of the House of Commons held by a member of it,

(b)a life peerage within the meaning of the Life Peerages Act 1958, or any office of the House of Lords held by a member of it,

(c)any office mentioned in Schedule 2 (Ministerial offices) to the House of Commons Disqualification Act 1975,

(d)the offices of Leader of the Opposition, Chief Opposition Whip or Assistant Opposition Whip within the meaning of the Ministerial and other Salaries Act 1975,

(e)any office of the Scottish Parliament held by a member of it,

(f)a member of the Scottish Executive within the meaning of section 44 of the Scotland Act 1998, or a junior Scottish Minister within the meaning of section 49 of that Act,

(g)any office of the National Assembly for Wales held by a member of it,

[F57(ga)a member of the Welsh Assembly Government,]

(h)in England, any office of a county council, a London borough council, a district council or a parish council held by a member of it,

(i)in Wales, any office of a county council, a county borough council or a community council held by a member of it,

(j)in relation to a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a community council established under section 51 of the Local Government (Scotland) Act 1973, any office of such a council held by a member of it,

(k)any office of the Greater London Authority held by a member of it,

(l)any office of the Common Council of the City of London held by a member of it,

(m)any office of the Council of the Isles of Scilly held by a member of it, or

(n)any office of a political party.

(4)For the purposes of subsection (1)(a), the holder of an office or post—

(a)is to be regarded as discharging her functions under the direction of another person if that other person is entitled to direct her as to when and where she discharges those functions;

(b)is not to be regarded as entitled to remuneration merely because she is entitled to payments—

(i)in respect of expenses incurred by her in carrying out the functions of the office or post, or

(ii)by way of compensation for the loss of income or benefits she would or might have received from any person had she not been carrying out the functions of the office or post.

(5)In this section and section 10B, appointment to an office or post does not include election to an office or post.

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Amendments (Textual)

F56Words in s. 10A(1)(b) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 3(2) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

F57S. 10A(3)(ga) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 4(a) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

10BOffice-holdersE+W+S

(1)It is unlawful for a relevant person, in relation to an appointment to an office or post to which this section applies, to discriminate against a woman—

(a)in the arrangements which he makes for the purpose of determining to whom the appointment should be offered,

(b)in the terms on which he offers her the appointment, or

(c)by refusing to offer her the appointment.

(2)It is unlawful, in relation to an appointment to an office or post to which this section applies and which is an office or post referred to in section 10A(1)(c), for a relevant person on whose recommendation, or subject to whose approval, appointments to the office or post are made, to discriminate against a woman—

(a)in the arrangements which he makes for the purpose of determining who should be recommended or approved in relation to the appointment, or

(b)in making or refusing to make a recommendation, or giving or refusing to give an approval, in relation to the appointment.

(3)It is unlawful for a relevant person, in relation to a woman who has been appointed to an office or post to which this section applies, to discriminate against her—

(a)in the terms of the appointment,

(b)in the opportunities which he affords her for promotion, a transfer, training or receiving any other benefit, or by refusing to afford her any such opportunity,

(c)by terminating the appointment, or

(d)by subjecting her to any other detriment in relation to the appointment.

(4)It is unlawful for a relevant person, in relation to an office or post to which this section applies, to subject to harassment a woman—

(a)who has been appointed to the office or post,

(b)who is seeking or being considered for appointment to the office or post, or

(c)who, in relation to appointment to the office or post, is seeking or being considered for a recommendation or approval referred to in section 10A(1)(c).

(5)Subsections (1) and (3) do not apply to any act in relation to an office or post where, if holding the office or post constituted employment, that act would be lawful by virtue of section 7, 7A or 7B (exception where sex is a genuine occupational qualification etc.) or section 19 (ministers of religion etc.).

(6)Subsection (2) does not apply to any act in relation to an office or post where, if holding the office or post constituted employment, it would be lawful by virtue of section 7, 7A, 7B or 19 to refuse to offer the person such employment.

(7)Subsection (3) does not apply to benefits of any description if the relevant person is concerned with the provision (for payment or not) of benefits of that description to the public, or a section of the public to which the person appointed belongs, unless—

(a)that provision differs in a material respect from the provision of the benefits to persons appointed to offices or posts which are the same as, or not materially different from, that which the person appointed holds,

(b)the provision of the benefits to the person appointed is regulated by the terms and conditions of her appointment, or

(c)the benefits relate to training.

(8)In subsection (3)(c), the reference to the termination of the appointment includes a reference—

(a)to the termination of the appointment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the appointment is renewed on the same terms and conditions, and

(b)to the termination of the appointment by any act of the person appointed (including the giving of notice) in circumstances such that she is entitled to terminate the appointment without notice by reason of the conduct of the relevant person.

(9)In this section “relevant person”, in relation to an office or post, means—

(a)in a case relating to an appointment to an office or post, the person with power to make that appointment;

(b)in a case relating to the making of a recommendation or the giving of an approval in relation to an appointment, a person or body referred to in section 10A(1)(b) with power to make that recommendation or (as the case may be) to give that approval;

(c)in a case relating to a term of an appointment, the person with power to determine that term;

(d)in a case relating to a working condition afforded in relation to an appointment—

(i)the person with power to determine that working condition, or

(ii)where there is no such person, the person with power to make the appointment;

(e)in a case relating to the termination of an appointment, the person with power to terminate the appointment;

(f)in a case relating to the subjection of a person to any other detriment or to harassment, any person or body falling within one or more of paragraphs (a) to (e) in relation to such cases as are there mentioned.

(10)In subsection (9)(d) “working condition” includes any opportunity for promotion, a transfer, training or receiving any other benefit.

(11)In this section—

(a)references to making a recommendation include references to making a negative recommendation;

(b)references to refusal include references to deliberate omission;

(c)benefits” includes facilities and services.]

Discrimination by other bodiesE+W+S

11 Partnerships.E+W+S

(1)It is unlawful for a firm F58. . ., in relation to a position as partner in the firm, to discriminate against a woman—

(a)in the arrangements they make for the purpose of determining who should be offered that position, or

(b)in the terms on which they offer her that position, or

(c)by refusing or deliberately omitting to offer her that position, or

(d)in a case where the woman already holds that position—

(i)in the way they afford her access to any benefits, facilities or services, or by refusing or deliberately omitting to afford her access to them, or

(ii)by expelling her from that position, or subjecting her to any other detriment.

(2)Subsection (1) shall apply in relation to persons proposing to form themselves into a partnership as it applies in relation to a firm.

[F59(2A)It is unlawful for a firm, in relation to a position as partner in the firm, to subject to harassment a woman who holds or has applied for that position.]

(3)[F60Subject to subsection (3A),]Subsection (1)(a) and (c) do not apply to a position as partner where, if it were employment, being a man would be a genuine occupational qualification for the job.

[F61(3A)Subsection (3) does not apply in relation to discrimination falling within section 2A.

(3B)In relation to discrimination falling within section 2A, subsection (1) does not make unlawful a firm’s treatment of a person in relation to a position as partner where—

(a)if it were employment—

(i)being a man would be a genuine occupational qualification for the job, or

(ii)being a woman would be a genuine occupational qualification for the job, and

(b)the firm can show that the treatment is reasonable in view of the circumstances relevant for the purposes of paragraph (a) and any other relevant circumstances.

(3C)In relation to discrimination falling within section 2A, subsection (1)(a), (c) and, so far as it relates to expulsion, (d)(ii) do not apply to a position as partner where, if it were employment, there would be a supplementary genuine occupational qualification for the job.]

[F62(3D)Subsections (3B) and (3C) do not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.]

(4)F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In the case of a limited partnership references in subsection (1) to a partner shall be construed as references to a general partner as defined in section 3 of the M11Limited Partnerships Act 1907.

[F64(6)This section applies to a limited liability partnership as it applies to a firm; and, in its application to a limited liability partnership, references to a partner in a firm are references to a member of the limited liability partnership.]

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Amendments (Textual)

F60Words in s. 11(3) inserted (1.5.1999) by S.I. 1999/1102, reg. 4(4)

Marginal Citations

12 Trade unions etc.E+W+S

(1)This section applies to an organisation of workers, an organisation of employers, or any other organisation whose members carry on a particular profession or trade for the purposes of which the organisation exists.

(2)It is unlawful for an organisation to which this section applies, in the case of a woman who is not a member of the organisation, to discriminate against her—

(a)in the terms on which it is prepared to admit her to membership, or

(b)by refusing, or deliberately omitting to accept, her application for membership.

(3)It is unlawful for an organisation to which this section applies, in the case of a woman who is a member of the organisation, to discriminate against her—

(a)in the way it affords her access to any benefits, facilities or services, or by refusing or deliberately omitting to afford her access to them, or

(b)by depriving her of membership, or varying the terms on which she is a member, or

(c)by subjecting her to any other detriment.

[F65(3A)It is unlawful for an organisation to which this section applies, in relation to membership of that organisation, to subject to harassment a woman who—

(a)is a member of the organisation, or

(b)has applied for membership of the organisation.]

(4)F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

13 Qualifying bodies.E+W+S

(1)It is unlawful for an authority or body which can confer an authorisation or qualification which is needed for, or facilitates, engagement in a particular profession or trade to discriminate against a woman—

(a)in the terms on which it is prepared to confer on her that authorisation or qualification, or

(b)by refusing or deliberately omitting to grant her application for it, or

(c)by withdrawing it from her or varying the terms on which she holds it.

[F67(1A)It is unlawful for a body to which this section applies, in relation to an authorisation or qualification of a kind mentioned in subsection (1), to subject to harassment a woman who holds or applies for such an authorisation or qualification.]

(2)Where an authority or body is required by law to satisfy itself as to his good character before conferring on a person an authorisation or qualification which is needed for, or facilitates, his engagement in any profession or trade then, without prejudice to any other duty to which it is subject, that requirement shall be taken to impose on the authority or body a duty to have regard to any evidence tending to show that he, or any of his employees, or agents (whether past or present), has practised unlawful discrimination in, or in connection with, the carrying on of any profession or trade.

(3)In this section—

(a)authorisation or qualification” includes recognition, registration, enrolment, approval and certification,

(b)confer” includes renew or extend.

(4)Subsection (1) does not apply to discrimination which is rendered unlawful by section 22 or 23.

[F68(5)Subsection (1A) does not apply to harassment which is rendered unlawful by section 22 or 23.]

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Amendments (Textual)

[F6914 Persons concerned with provision of vocational training.E+W+S
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Amendments (Textual)

[F70(1)It is unlawful, in the case of a woman seeking or receiving vocational training, for any person who provides, or makes arrangements for the provision of, facilities for vocational training to discriminate against her—

(a)in the arrangements that person makes for the purpose of selecting people to receive vocational training,

(b)in the terms on which that person affords her access to any vocational training or facilities concerned with vocational training,

(c)by refusing or deliberately omitting to afford her such access,

(d)by terminating her vocational training, or

(e)by subjecting her to any detriment during the course of her vocational training.

(1A)It is unlawful for a provider of vocational training, in relation to such training, to subject to harassment a woman—

(a)to whom he is providing such training, or

(b)who has asked him to provide such training.

(1B)In this section “vocational training”, in relation to a woman, includes (if it would not otherwise do so) any training which would help fit her for any employment.]

(2)Subsection (1) does not apply to—

(a)discrimination which is rendered unlawful by section 6(1) or (2) or section 22 or 23, or

(b)discrimination which would be rendered unlawful by any of those provisions but for the operation of any other provision of this Act.]

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Amendments (Textual)

15 Employment agencies.E+W+S

(1)It is unlawful for an employment agency to discriminate against a woman—

(a)in the terms on which the agency offers to provide any of its services, or

(b)by refusing or deliberately omitting to provide any of its services, or

(c)in the way it provides any of its services.

[F71(1A)It is unlawful for an employment agency, in relation to the provision of its services, to subject to harassment a woman—

(a)to whom it provides such services, or

(b)who has requested the provision of such services.]

[F72(2)It is unlawful for a local education authority or education authority or any other person to do any act in providing services in pursuance of arrangements made, or a direction given, under section 10 of the M12Employment and Training Act 1973 which constitutes discrimination.]

(3)References in subsection (1) to the services of an employment agency include guidance on careers and any other services related to employment.

(4)This section does not apply if the discrimination only concerns employment which the employer could lawfully refuse to offer the woman.

(5)An employment agency or local education authority [F73, education authority or other person] shall not be subject to any liability under this section if it proves—

(a)that it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of subsection (4), its action would not be unlawful, and

(b)that it was reasonable for it to rely on the statement.

(6)A person who knowingly or recklessly makes a statement such as is referred to in subsection (5)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding [F74level 5 on the standard scale].

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Amendments (Textual)

F72S. 15(2) substituted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s. 49(2), Sch. 8 para. 8(a); S.I. 1993/2503, art. 2(3), Sch.3

F73Words in s. 15(5) substituted (1.4.1994 in relation to England and Scotland . and 1.4.1995 for all other purposes) by 1993 c. 19, s. 49(2), Sch. 8 para. 8(b); S.I. 1993/2503, art. 2(3), Sch.3

Marginal Citations

16 Manpower Services Commission etc.E+W+S

[F75(1)It is unlawful for the [F76Secretary of State . . . F77][F78or the Minister] to discriminate [F79, or subject a woman to harassment] in the provision of facilities or services under section 2 of the Employment and Training Act 1973.]

[F80(1A)It is unlawful for Scottish Enterprise or Highlands and Islands Enterprise to discriminate [F81, or subject a woman to harassment] in the provision of facilities or services under such arrangements as are mentioned in section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 (arrangements analogous to arrangements in pursuance of section 2 of the said Act of 1973).]

(2)This section does not apply in a case where—

(a)section 14 applies, or

(b)the [F82Secretary of State]is acting as an employment agency.

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Amendments (Textual)

Special caseE+W+S

17 Police.E+W+S

(1)For the purposes of this Part, the holding of the office of constable shall be treated as employment—

(a)by the chief officer of police as respects any act done by him in relation to a constable or that office;

(b)by the police authority as respects any act done by [F83it] in relation to a constable or that office.

[F84(1A)For the purposes of section 41—

(a)the holding of the office of constable shall be treated as employment by the chief officer of police (and as not being employment by any other person); and

(b)anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment.]

(2)Regulations made under [F85section 50, 51 or 52 of the Police Act 1996] shall not treat men and women differently except—

(a)as to requirements relating to height, uniform or equipment, or allowances in lieu of uniform or equipment, or

(b)so far as special treatment is accorded to women in connection with pregnancy or childbirth, or

(c)in relation to pensions to or in respect of special constables or police cadets.

(3)Nothing in this Part renders unlawful any discrimination between male and female constables as to matters such as are mentioned in subsection (2)(a).

(4)There shall be paid out of the police fund—

(a)any compensation, costs or expenses awarded against a chief officer of police in any proceedings brought against him under this Act, and any costs or expenses incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

(b)any sum required by a chief officer of police for the settlement of any claim made against him under this Act if the settlement is approved by the police authority.

(5)Any proceedings under this Act which, [F86by virtue of subsection (1) or (1A)], would lie against a chief officer of police shall be brought against the chief officer of police for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of that office; and references in subsection (4) to the chief officer of police shall be construed accordingly.

[F87(5A)A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund—

(a)any compensation, costs or expenses awarded in proceedings under this Act against a person under the direction and control of the chief officer of police;

(b)any costs or expenses incurred and not recovered by such a person in such proceedings; and

(c)any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.]

(6)Subsections (1) [F88, (1A)] and (3) apply to a police cadet and appointment as a police cadet as they apply to a constable and the office of constable.

(7)[F89Subject to subsection (9),] In this section—

  • chief officer of police”—

(a)in relation to a person appointed, or an appointment falling to be made, under a specified Act, has the same meaning as in [F90the Police Act 1996],

(aa)F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to any other person or appointment means the officer [F92or other person] who has the direction and control of the body of constables or cadets in question;

  • police authority”—

(a)in relation to a person appointed, or an appointment falling to be made, under a specified Act, has the same meaning as in [F90the Police Act 1996],

(aa)F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to any other person or appointment, means the authority by whom the person in question is or on appointment would be paid;

  • police cadet” means any person appointed to undergo training with a view to becoming a constable;

  • police fund” in relation to a chief officer of police within paragraph (a) of the above definition of that term has the same meaning as in [F90the Police Act 1996]. . . , and in any other case means money provided by the police authority;

  • specified Act” means the M13Metropolitan Police Act 1829, the M14City of London Police Act 1839 or [F90the Police Act 1996].

(8)In the application of this section to Scotland, in subsection (7) for any reference to [F94the Police Act 1996] there shall be substituted a reference to the M15Police (Scotland) Act 1967, and for the reference to [F95sections 50, 51 and 52] of the former Act in subsection (2) there shall be substituted a reference to sections 26 and 27 of the latter Act.

[F96(9)In relation to a constable of a force who is not under the direction and control of the chief officer of police for that force, references in this section to the chief officer of police are references to the chief officer for the force under whose direction and control he is, and references in this section to the police authority are references to the relevant police authority for that force.]

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Amendments (Textual)

F85Words in s. 17(2) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 27(2)

F86Words in s. 17(5) substituted (6.4.2007) by Equality Act 2006 (c. 3), ss. 83(2), 93 (with s. 92); S.I. 2006/1082, art. 4(a)

F90Words in s. 17(7) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 27(3)

F91S. 17(7): para. (aa) in definition of "chief officer of police" repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 28, Sch. 17; S.I. 2006/378, art. 4, Sch. para. 13(l)

F92S: 17(7): words in para. (b) of definition of "chief officer of police" inserted (19.7.2003) by The Sex Discrimination Act 1975 (Amendment) Regulations 2003 (S.I. 2003/1657), reg. 2(7)

F93S. 17(7): para. (aa) in definition of "chief officer of police" repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 28, Sch. 17; S.I. 2006/378, art. 4, Sch. para. 13(l)

F94Words in s. 17(8) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 27(4)

F95Words in s. 17(8) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 27(4)

Marginal Citations

18 Prison officers.E+W+S

(1)Nothing in this Part renders unlawful any discrimination between male and female prison officers as to requirements relating to height.

X1(2)In section 7(2) of the M16Prison Act 1952 the words “and if women only are recieved in a prison the Governor shall be a woman” are repealed.

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Editorial Information

X1The text of ss. 8(1)(6), 18(2), 21(2), Sch. 1 Pt. I paras. 1–5, 6(1), Sch. 1 Pt. II, Sch. 3 para. 16(1)(2), Sch. 5 para. 1 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

[F9719 Ministers of religion etc.E+W+S

(1)Nothing in this Part shall make it unlawful to apply a requirement in relation to employment where—

(a)the employment is for purposes of an organised religion,

(b)the requirement is one to which subsection (3) applies, and

(c)the requirement is applied—

(i)so as to comply with the doctrines of the religion, or

(ii)because of the nature of the employment and the context in which it is carried out, so as to avoid conflicting with the strongly-held religious convictions of a significant number of the religion's followers.

(2)Nothing in section 13 shall make it unlawful to apply a requirement in relation to an authorisation or qualification (as defined in that section) where—

(a)the authorisation or qualification is for purposes of an organised religion,

(b)the requirement is one to which subsection (3) applies, and

(c)the requirement is applied—

(i)so as to comply with the doctrines of the religion, or

(ii)by the authority or body concerned, or by the person by whom the authority or body acts in a particular case, so as to avoid conflicting with the strongly-held religious convictions of a significant number of the religion's followers.

(3)This subsection applies to—

(a)a requirement to be of a particular sex,

(b)a requirement not to be undergoing or to have undergone gender reassignment,

(c)a requirement relating to not being married or to not being a civil partner,

(d)a requirement, applied in relation to a person who is married, or is a civil partner, that relates—

(i)to the person, or the person's spouse or civil partner, not having a living former spouse or a living former civil partner, or

(ii)to how the person, or the person's spouse or civil partner, has at any time ceased to be married or ceased to be a civil partner.]

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Amendments (Textual)

20 Midwives.E+W+S

(1)[F98Until 1st September 1983]Section 6(1) does not apply to employment as a midwife.

(2)[F98Until 1st September 1983]Section 6(2)(a) does not apply to promotion, transfer or training as a midwife.

(3)[F98Until 1st September 1983]Section 14 does not apply to training as a midwife.

F99(4), (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F98Words inserted by S.I. 1983/1202, art. 2

[F100Relationships which have come to an endE+W+S

20ARelationships which have come to an endE+W+S
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Amendments (Textual)

(1)This section applies where—

(a)there has been a relevant relationship between a woman and another person (“the relevant person”), and

(b)the relationship has come to an end (whether before or after the commencement of this section).

(2)In this section, a “relevant relationship” is a relationship during the course of which an act of discrimination by one party to the relationship against the other party to it is unlawful under any preceding provision of this Part.

(3)It is unlawful for the relevant person to discriminate against the woman by subjecting her to a detriment where the discrimination arises out of and is closely connected to the relevant relationship.

[F102(4)It is unlawful for the relevant person to subject a woman to harassment where that treatment arises out of or is closely connected to the relevant relationship.]]

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Amendments (Textual)

X221 Mineworkers.E+W+S

F103(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Editorial Information

X2The insertion of the new cross-heading "Relationships which have come to an end" on 19.7.2003 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Amendments (Textual)

21APublic authoritiesE+W+S
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Amendments (Textual)

(1)It is unlawful for a public authority exercising a function to do any act which constitutes—

(a)discrimination, or

(b)harassment within the meaning of section 4A(1) and (2), (5) and (6).

(2)In subsection (1)—

(a)public authority” includes any person who has functions of a public nature (subject to subsections (3) and (4)), and

(b)function” means function of a public nature.

(3)The prohibition in subsection (1) shall not apply to—

(a)the House of Commons,

(b)the House of Lords,

(c)the Security Service,

(d)the Secret Intelligence Service,

(e)the Government Communications Headquarters, or

(f)a part of the armed forces of the Crown which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.

(4)The prohibition in subsection (1) shall not apply to the functions and actions listed in the Table of Exceptions in subsection (9) (but nothing in that Table permits anything which is prohibited by virtue of any Community law relating to discrimination).

(5)The [F106Minister] may by order amend the Table of Exceptions.

(6)In an action under section 66 in respect of a contravention of this section—

(a)the court shall not grant an injunction or interdict unless satisfied that it will not prejudice criminal proceedings or a criminal investigation, and

(b)the court shall grant any application to stay or sist the section 66 proceedings on the grounds of prejudice to criminal proceedings or to a criminal investigation, unless satisfied that the proceedings or investigation will not be prejudiced.

(7)Section 74(2)(b) shall not apply in relation to a respondent's reply, or a failure to reply, to a question in connection with an alleged contravention of this section—

(a)if the respondent reasonably asserts that to have replied differently or at all might have prejudiced criminal proceedings or a criminal investigation,

(b)if the respondent reasonably asserts that to have replied differently or at all would have revealed the reason for not instituting or not continuing criminal proceedings,

(c)where the reply is of a kind specified for the purposes of this paragraph by order of the [F106Minister],

(d)where the reply is given in circumstances specified for the purposes of this paragraph by order of the [F106Minister], or

(e)where the failure occurs in circumstances specified for the purposes of this paragraph by order of the [F106Minister].

(8)In this section “criminal investigation” means—

(a)an investigation into the commission of an alleged offence, and

(b)a decision whether to institute criminal proceedings.

(9)The following is the Table of Exceptions referred to in subsection (4).

 Legislation
1

Preparing, making, or considering—

(a)

an Act of Parliament,

(b)

a Bill for an Act of Parliament,

(c)

an Act of the Scottish Parliament, F107. . .

(d)

a Bill for an Act of the Scottish Parliament.

(e)

[F108a Measure of the National Assembly for Wales,

(f)

a proposed Measure of the National Assembly for Wales,

(g)

an Act of the National Assembly for Wales, or

(h)

a Bill for an Act of the National Assembly for Wales.]

2

Preparing, making, confirming, approving, or considering legislation made or to be made—

(a)

by a Minister of the Crown,

(b)

by Order in Council,

(c)

by the Scottish Ministers or any member of the Scottish Executive,

(d)

by the [F109Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government], or

(e)

by or by virtue of a Measure of the General Synod of the Church of England.

3

Action which is necessary, or in so far as it is necessary, for the purpose of complying with—

(a)

an Act of Parliament,

(b)

an Act of the Scottish Parliament, F110. . .

(ba)

[F111a Measure or Act of the National Assembly for Wales, or]

(c)

legislation of a kind described in Item 2.

 The courts, &c.
4A judicial function (whether in connection with a court or a tribunal).
5Anything done on behalf of or on the instructions of a person exercising a judicial function (whether in connection with a court or a tribunal).
6A decision not to institute or continue criminal proceedings.
7Anything done for the purpose of reaching, or in pursuance of, a decision not to institute or continue criminal proceedings.
 Separate services, &c.
8The provision of a service for one sex only where only persons of that sex require the service.
9The provision of separate services for each sex where a joint service would or might be less effective.
10

The provision of a service for one sex only where—

(a)

the service is also provided jointly for both sexes, and

(b)

if the service were provided only jointly it would or might be insufficiently effective.

11

The provision of a service for one sex only where—

(a)

if the service were provided for both sexes jointly it would or might be less effective, and

(b)

the extent to which the service is required by the other sex makes it not reasonably practicable to provide separate services for that sex.

12

The provision of separate services for each sex in different ways or to different extents where—

(a)

if the service were provided for both sexes jointly it would or might be less effective, and

(b)

the extent to which the service is required by one sex makes it not reasonably practicable to provide the service for that sex in the same way or to the same extent as for the other sex.

13

Action taken for the purpose of assisting one sex to overcome—

(a)

a disadvantage (as compared with the other sex), or

(b)

the effects of discrimination.

 Miscellaneous
14The exercise of a function of the [F112Charity Commission] or the holder of the Office of the Scottish Charity Regulator in relation to an instrument in relation to which section 43 applies.
15Action which is unlawful by virtue of another provision of this Act.
16Action which would be unlawful by virtue of another provision of this Act but for an express exception.]]
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Amendments (Textual)

F107S. 21A(9): word item 1(c) omitted by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 4(a) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

F108S. 21A(9): item 1(e)-(h) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 4(b) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

F109S. 21A(9): words in item 2(d) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 4(c) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

F110S. 21A(9): word in item 3(b) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 4(d) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

F111S. 21A(9): item 3(ba) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 4(e) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

F112S. 21A(9): words in para. 14 of Table of Exceptions substituted (27.2.2007) by Charities Act 2006 (c. 50), ss. 75, 79, Sch. 8 para. 57; S.I. 2007/309, art. 2, Sch. (subject to arts. 4-13)

Part III E+W+S Discrimination in Other Fields

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Modifications etc. (not altering text)

C25Pt. III (ss. 22–36) excluded by S.I. 1989/2420, art. 3

EducationE+W+S

22F113. . . Bodies in charge of educational establishments.E+W+S
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Amendments (Textual)

[F114(1)]—It is unlawful in relation to an educational establishment falling within column 1 of the following table, for a person indicated in relation to the establishment in column 2 (the “responsible body”) to discriminate against a woman—

(a)in the terms on which it offers to admit her to the establishment as a pupil, or

(b)by refusing or deliberately omitting to accept an application for her admission to the establishment as a pupil, or

(c)where she is a pupil of the establishment—

(i)in the way it affords her access to any benefits, facilities or services, or by refusing or deliberately omitting to afford her access to them, or

(ii)by excluding her from the establishment or subjecting her to any other detriment.

TABLE
EstablishmentResponsibl e body
England and Wales
1. Educational establishment maintained by a local education authority.Local education authority or [F115managers or][F116governing body], according to which of them has the function in question.
2. Independent school not being a special school.Proprietor.
3. Special school not maintained by a local education authority.Proprietor.
F1173A.. . .F117. . .
[F1183B. Institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).] [F118Governing body. ]
4. University.Governing body.
[F1194A.Institution other than a university, within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992).][F119Governing body.]
5. Establishment (not falling within paragraphs 1 [F120to 4A]) providing full-time or part-time education, being an establishment designated under section 24(1).Governing body.

Scotland

6. Educational establishment managed by an education authority.Education authority.
7. Educational establishment in respect of which the managers are for the time being receiving grants under section [F12173(c)or(d) of the Education (Scotland) Act 1980]Managers of the educational establishment.
[F1227A. Self-governing school.][F122Board of management.]
[F1237B. College of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 under the management of a board of management .] [F123Board of management]
[F1247C. Designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.] [F124Governing body]
8. University.Governing body.
9. Independent school.Proprietor.
10. Any other educational establishment (not falling within paragraphs 6, 7 and 9) providing full or part-time school education or further education.Managers of the educational establishment.

[F125(2)It is unlawful for the governing body of an institution of further or higher education to discriminate against a woman in the arrangements it makes for the purpose of selecting people for admission to the institution.

(3)It is unlawful for the governing body of an institution of further or higher education to subject a woman to harassment if that woman is a student at the institution or has applied for admission to the institution.

(4)In subsections (2) and (3) “institution of further or higher education” means—

(a)in England and Wales, an establishment falling within column 1 of paragraph 3B, 4 or 4A of the table in subsection (1);

(b)in Scotland—

(i)a college of further education within the meaning given by section 36(1) of the Further and Higher Education (Scotland) Act 1992 under the management of a board of management within the meaning of Part I of that Act,

(ii)a college of further education managed by an education authority in the exercise of its functions in providing courses of further education within the meaning of section 1(5)(b)(ii) of the Education (Scotland) Act 1980,

(iii)any other educational establishment (not being a school) which provides further education within the meaning of section 1 of the Further and Higher Education (Scotland) Act 1992,

(iv)an institution within the higher education sector (within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992), or

(v)a central institution (within the meaning of section 135 of the Education (Scotland) Act 1980).]

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Amendments (Textual)

F116S. 22: words in Table para. 1 substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 5 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F117S. 22: Table para. 3A repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F122S. 22 Table para. 7A repealed (S.) (31.12.2004) by 2000 asp 6, ss. 60(2), 61(2), Sch. 3; S.S.I. 2004/528, art. 2(b)

Modifications etc. (not altering text)

C27S. 22 applied (E.W.) (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I

C28S. 22 applied (E.W.) (9.5.1994) by S.I. 1994/1084, reg. 8, Sch. 2 Pt. I

C29S. 22 Table paras. 1-5 modified (23.4.1999) by S.I. 1999/988, art. 2

[F12622A Meaning of pupil in section 22.E+W+S
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Amendments (Textual)

For the purposes of section 22, “pupil” includes, in England and Wales, any person who receives education at a school or institution to which that section applies.]

23 Other discrimination by local education authorities.E+W

(1)It is unlawful for a local education authority, in carrying out such of its functions under [F127the Education Acts]as do not fall under section 22, to do any act which constitutes sex discrimination.

(2)It is unlawful for an education authority, in carrying out such of its functions under [F128the Education (Scotland) [F129Act 1980]]as do not fall under section 22, to do any act which constitutes sex discrimination.

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Amendments (Textual)

F127Words in s. 23(1) substituted (1.11.1996) by 1996 c. 56, s. 582(1), Sch. 37 Pt. I para. 31 (with s. 1(4))

23 Other discrimination by local education authorities.S

(1)It is unlawful for a local education authority, in carrying out such of its functions under [F431the Education Acts] as do not fall under section 22, to do any act which constitutes sex discrimination.

(2)It is unlawful for an education authority, in carrying out such of its functions under [F432the Education (Scotland) [F433Act 1980]]as do not fall under section 22, to do any act which constitutes sex discrimination.

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Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

F431Words in s. 23(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch.37 Pt. I para. 31 (with s. 1(4))

[F13023A Discrimination by Further Education and Higher Education Funding CouncilsE+W+S
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Amendments (Textual)

It is unlawful for the [F131the Learning and Skills Council for England, F132. . . ,] the Higher Education Funding Council for England or the Higher Education Funding Council for Wales in carrying out their functions under [F133the Education Acts [F134and the Learning and Skills Act 2000]], [F135and for the [F136Welsh Ministers in carrying out their functions] under Part 2 of the Learning and Skills Act 2000”] to do any act which constitutes sex discrimination.]

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Amendments (Textual)

F131Words in s. 23A substituted (28.7.2000 so far as consequential upon ss. 130, 131, Sch. 8 and 1.4.2001 in relation to England and Wales otherwise) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 5(a); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (subject to art. 3)

F133Words in s. 23A substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 32 (with s. 1(4))

F134Words in s. 23A inserted (28.7.2000 so far as consequential upon ss. 130, 131, Sch. 8 and 1.4.2001 in relation to England and Wales and otherwiseprosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 5(b); S.I. 2001/654, art. 2(2), Sch. Pt. II (with savings and transitional provisions in art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (subject to savings and transitional provisions in art. 3)

F136Words in s. 23A substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 5 (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

23B Discrimination by Scottish Further and Higher Education Funding Councils.E+W+S

F137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

[F13823BADiscrimination by Scottish Further and Higher Education Funding CouncilE+W+S
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Amendments (Textual)

It is unlawful for the Scottish Further and Higher Education Funding Council in carrying out any of its functions to do any act which constitutes sex discrimination.]

F13923C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

[F14023D Discrimination by [F141Training and Development Agency for Schools].E+W+S
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Amendments (Textual)

F141S. 23D: words "in the section and in the heading" substituted (1.9.2005) by Education Act 2005 (c. 18), ss. 98, 125(3), Sch. 14 para. 5

It is unlawful for the [F141Training and Development Agency for Schools] in carrying out their functions under [F142any enactment] to do any act which constitutes sex discrimination.]

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Amendments (Textual)

F142Words in s. 23D substituted (1.9.2005) by Education Act 2005 (c. 18), s. 98, Sch. 14 para. 5

24 Designated establishments.E+W+S

(1)The Secretary of State may by order designate for the purposes of paragraph 5 of the table in section 22 such establishments of the description mentioned in that paragraph as he thinks fit.

(2)An establishment shall not be designated under subsection (1) unless—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F143

(b)it is an establishment in respect of which grants are payable out of money provided by Parliament, or

(c)it is assisted by a local education authority [F144for the purposes]of [F145the Education Act 1996], or

(d)it provides full-time education for persons who have attained the upper limit of compulsory school age [F146(construed in accordance with section 8 of the Education Act 1996)] but not the age of nineteen.

(3)A designation under subsection (1) shall remain in force until revoked notwithstanding that the establishment ceases to be within subsection (2).

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Amendments (Textual)

F145Words in s. 24(2)(c) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 34 (with s. 1(4))

25 General duty in public sector of education.E+W

(1)Without prejudice to its obligation to comply with any other provision of this Act, a body to which this subsection applies shall be under a general duty to secure that facilities for education provided by it, and any ancillary benefits or services, are provided without sex discrimination.

(2)The following provisions of [F147the Education Act 1996], namely—

(a)[F148section 496] (power of Secretary of State to require duties under that Act to be exercised reasonably), and

(b)[F149section 497] (powers of Secretary of State where local education authorities etc. are in default),

shall apply to the performance by a body to which subsection (1) applies of the duties imposed by sections 22 [F15023, 23A, F151. . . and 23D] and shall also apply to the performance of the general duty imposed by subsection (1), as they apply to the performance by a local education authority of a duty imposed by that Act.

(3)Section [F15270 of the Education (Scotland) Act 1980] (power of the Secretary of State to require duties in that Act to be exercised) shall apply to the performance by a body to which subsection (1) applies of the duties imposed by sections 22 and 23 and shall also apply to the performance of the general duty imposed by subsection (1), as the [F152said section 70] applies to the performance by an education authority of a duty imposed by that Act.

(4)The sanctions in subsections (2) and (3) shall be the only sanctions for breach of the general duty in subsection (1), but without prejudice to the enforcement of sections 22 [F15323, 23A, F151. . . and 23D] under section 66 or otherwise (where the breach is also a contravention of [F154any] of those sections).

(5)The Secretary of State shall have the power to cause a local inquiry to be held into any matter arising from subsection (3) under section [F15567 of the Education (Scotland) Act 1980.]

(6)Subsection (1) applies to—

(a)local education authorities in England and Wales;

(b)education authorities in Scotland;

(c)any other body which is a responsible body in relation to—

(i)an establishment falling within paragraph 1, 3 F156. . . [F1573B][F158, [F1597, 7A, 7B or 7C]] of the table in section 22;

(ii)an establishment designated under section 24(1) as falling within paragraph . . . F160(c) of section 24(2);

(iii)an establishment designated under section 24(1) as falling within paragraph (b) of section 24(2) where the grants in question are payable under [F161section 485 of the Education Act 1996]

F162(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F163(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F164(f)the Training and Development Agency for Schools.]

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Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been crated for Scotland only

Amendments (Textual)

F162S. 25(6)(d) repealed (28.7.2000 so far as consequential upon ss. 130, 131, Sch. 8 and 1.4.2001 in relation to England and Wales) by 2000 c. 21, ss. 153, 154, Sch. 11; S.I. 2001/654, art. 2(2), Sch. Pt. II (with savings and transitional provisions in art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (with savings and transitional provisions in art. 3)

Modifications etc. (not altering text)

C30S. 25 applied (E.W.)(1.4.1994) by S.I. 1994/653, reg. 42, Sch. Pt. I

S. 25 applied (E.W.)(9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I

C31S. 25: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

25 General duty in public sector of education.S

(1)Without prejudice to its obligation to comply with any other provision of this Act, a body to which this subsection applies shall be under a general duty to secure that facilities for education provided by it, and any ancillary benefits or services, are provided without sex discrimination.

(2)The following provisions of [F434the Education Act 1996], namely—

(a)[F435section 496] (power of Secretary of State to require duties under that Act to be exercised reasonably), and

(b)[F436section 497] (powers of Secretary of State where local education authorities etc. are in default),

shall apply to the performance by a body to which subsection (1) applies of the duties imposed by sections 22 [F43723, 23A, F438. . . and 23D] and shall also apply to the performance of the general duty imposed by subsection (1), as they apply to the performance by a local education authority of a duty imposed by that Act.

(3)Section [F43970 of the Education (Scotland) Act 1980] (power of the Secretary of State to require duties in that Act to be exercised) shall apply to the performance by a body to which subsection (1) applies of the duties imposed by sections 22 and 23 and shall also apply to the performance of the general duty imposed by subsection (1), as the [F439said section 70] applies to the performance by an education authority of a duty imposed by that Act.

(4)The sanctions in subsections (2) and (3) shall be the only sanctions for breach of the general duty in subsection (1), but without prejudice to the enforcement of sections 22 [F44023, 23A, F438. . . and 23D] under section 66 or otherwise (where the breach is also a contravention of [F441any] of those sections).

(5)The Secretary of State shall have the power to cause a local inquiry to be held into any matter arising from subsection (3) under section [F44267 of the Education (Scotland) Act 1980.]

(6)Subsection (1) applies to—

(a)local education authorities in England and Wales;

(b)education authorities in Scotland;

(c)any other body which is a responsible body in relation to—

(i)an establishment falling within paragraph 1, 3 F443. . . [F4443B][F445, [F446or 7] 7B or 7C] of the table in section 22;

(ii)an establishment designated under section 24(1) as falling within paragraph . . . F447(c) of section 24(2);

(iii)an establishment designated under section 24(1) as falling within paragraph (b) of section 24(2) where the grants in question are payable under [F448section 485 of the Education Act 1996][F449(d) the Further Education Funding Council for England and the Further Education Funding Council for Wales.]

F450(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F164(f)the Training and Development Agency for Schools.]

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Extent Information

E3This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

F449S. 25(6)(d) repealed (28.7.2000 so far as consequential upon ss. 130, 131, Sch. 8 and otherwiseprosp.) by 2000 c. 21, ss. 153, 154, Sch. 1

Modifications etc. (not altering text)

C82S. 25 applied (E.W.)(1.4.1994) by S.I. 1994/653, reg. 42, Sch. Pt. I

S. 25 applied (E.W.)(9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I

C83S. 25: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[F16525A General duty: post-16 education and training etc.E+W+S
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F165S. 25A inserted (28.7.2000 so far as consequential upon ss. 130, 131, Sch. 8 and 1.4.2001 in relation to England and Wales otherwise) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 6; S.I. 2001/654, art. 2(2), Sch. Pt. II (with savings and transitional provisions in art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (with savings and transitional provisions in art. 3)

(1)The Learning and Skills Council for England [F166and the [F167Welsh Ministers]] shall be under a general duty to secure that the facilities falling within subsection (2) and any ancillary benefits or services are provided without sex discrimination.

(2)Facilities falling within this subsection are facilities for—

(a)education,

(b)training, and

(c)organised leisure-time occupation connected with such education or training,

the provision of which is secured by the Learning and Skills Council for England [F168or the [F169Welsh Ministers by virtue of their functions] under Part 2 of the Learning and Skills Act 2000].

[F170(3)The provisions of section 25 of the Learning and Skills Act 2000 shall be the only sanction for breach of the general duty in subsection (1) by the Learning and Skills Council for England.”

(4)There shall be no sanction for breach of the general duty in subsection (1) by the [F171Welsh Ministers].

(5)Subsections (3) and (4) are without prejudice to the enforcement of section 23A under section 66 or otherwise (where the breach is also a contravention of that section).]]

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Amendments (Textual)

F167Words in s. 25A(1) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 6(2) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

F169Words in s. 25A(2) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 6(3) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

F171Words in s. 25A(4) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 6(4) (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

26 Exception for single-sex establishments.E+W+S

(1)[F172Section 22(1)(a) and (b)][F173, 25 and 25A] do not apply to the admission of pupils to any establishment (a “single-sex establishment”) which admits pupils of one sex only, or which would be taken to admit pupils of one sex only if there were disregarded pupils of the opposite sex—

(a)whose admission is exceptional, or

(b)whose numbers are comparatively small and whose admission is confined to particular courses of instruction or teaching classes.

(2)Where a school which is not a single-sex establishment has some pupils as boarders and others as non-boarders, and admits as boarders pupils of one sex only (or would be taken to admit as boarders pupils of one sex only if there were disregarded boarders of the opposite sex whose numbers are comparatively small), [F174sections 22(1)(a) and (b)][F173, 25 and 25A] do not apply to the admission of boarders and [F175sections 22(1)(c)(i)] and 25 do not apply to boarding facilities.

(3)Where an establishment is a a single-sex establishment by reason of its inclusion in subsection (1)(b), the fact that pupils of one sex are confined to particular courses of instruction or teaching classes shall not be taken to contravene section 22(c)(i) or the duty in section 25 [F176or 25A].

[F177(4)In this section, as it applies to an establishment in England and Wales, “pupil” includes any person who receives education at that establishment.]

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Amendments (Textual)

F173Words in s. 26(1)(2) substituted (28.7.2000 so far as consequential upon ss. 130, 131, Sch. 8 and 1.4.2001 in relation to England and Wales and otherwiseprosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 7(1)(2); S.I. 2001/654, art. 2(2), Sch. Pt. II (with savings and transitional provisions in art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (with savings and transitional provisions in art. 3)

F176Words in s. 26(3) inserted (28.7.2000 so far as consequential upon ss. 130, 131, Sch. 8 and 1.4.2001 in relation to England and Wales and otherwiseprosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 7(1)(3); S.I. 2001/654, art. 2(2), Sch. Pt. II (with savings and transitional provisions in art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (with savings and transitional provisions in art. 3)

27 Exception for single-sex establishments turning co-educational.E+W+S

(1)Where at any time—

(a)the responsible body for single-sex establishment falling within column 1 of the table in [F178section 22(1)] determines to alter its admissions arrangements so that the establishment will cease to be a single-sex establishment, or

(b)section 26(2) applies to the admission of boarders to a school falling within column 1 of that table but the responsible body determines to alter its admissions arrangements so that section 26(2) will cease so to apply,

the responsible body may apply in accordance with Schedule 2 for an order (a “transitional exemption order”) authorising discriminatory admissions during the transitional period specified in the order.

[F179(1A)Without prejudice to subsection (1), a transitional exemption order may be made—

(a)in accordance with regulations made by virtue of section 21(5) of the Education and Inspections Act 2006 (which relates to the alteration of maintained schools in England), or

(b)in accordance with paragraph 21 or 22 of Schedule 6 or paragraph 16 or 17 of Schedule 7 to the School Standards and Framework Act 1998 (which relate to the alteration of maintained schools and the rationalisation of school places in Wales).]

(2)Where during the transitional period specified in a transitional exemption order applying to an establishment the responsible body refuses or deliberately omits to accept an application for the admission of a person to the establishment as a pupil the refusal or omission shall not be taken to contravene any provision of this Act.

(3)Subsection (2) does not apply if the refusal or omission contravenes any condition of the transitional exemption order.

(4)Except as mentioned in subsection (2), a transitional exemption order shall not afford any exemption from liability under this Act.

(5)Where, during the period between the making of an application for a transitional exemption order in relation to an establishment and the determination of the application, the responsible body refuses or deliberately omits to accept an application for the admission of a person to the establishment as a pupil the refusal or omission shall not be taken to contravene any provision of this Act.

[F180(6)In this section, as it applies to an establishment in England and Wales, “pupil” includes any person who receives education at that establishment.]

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Amendments (Textual)

Modifications etc. (not altering text)

28 Exception for physical training.E+W+S

F181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Goods, facilities, services and premisesE+W+S

29 Discrimination in provision of goods, facilities or services.E+W+S

(1)It is unlawful for any person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public to discriminate against a woman who seeks to obtain or use those goods, facilities or services—

(a)by refusing or deliberately omitting to provide her with any of them, or

(b)by refusing or deliberately omitting to provide her with goods, facilities or services of the like quality, in the like manner and on the like terms as are normal in his case in relation to male members of the public or (where she belongs to a section of the public) to male members of that section.

(2)The following are examples of the facilities and services mentioned in subsection (1)—

(a)access to and use of any place which members of the public or a section of the public are permitted to enter;

(b)accommodation in a hotel, boarding house or other similar establishment;

(c)facilities by way of banking or insurance or for grants, loans, credit or finance;

(d)facilities for education;

(e)facilities for entertainment, recreation or refreshment;

(f)facilities for transport or travel;

(g)the services of any profession or trade, or any local or other public authority.

[F182(2A)It is unlawful in connection with the provision of goods, facilities or services to the public or a section of the public (except in so far as they relate to an excluded matter) for any person to subject to harassment—

(a)a woman who seeks to obtain or use those goods, facilities or services, or

(b)a woman to whom he provides those goods, facilities or services.]

(3)For the avoidance of doubt it is hereby declared that where a particular skill is commonly exercised in a different way for men and for women it does not contravene subsection (1) for a person who does not normally exercise it for women to insist on exercising it for a woman only in accordance with his normal practice or, if he reasonably considers it impracticable to do that in her case, to refuse or deliberately omit to exercise it.

[F183(4)In its application in relation F184. . . to discrimination falling within section 2A, subsection (1)(b) shall have effect as if references to male members of the public, or of a section of the public, were references to members of the public, or of a section of the public, who do not intend to undergo, are not undergoing and have not undergone gender reassignment.]

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Amendments (Textual)

F183S. 29(4) inserted (1.5.1999) by S.I. 1999/1102, reg. 6

30 Discrimination in disposal or management of premises.E+W+S

(1)It is unlawful for a person, in relation to premises in Great Britain of which he has power to dispose, to discriminate against a woman—

(a)in the terms on which he offers her those premises, or

(b)by refusing her application for those premises, or

(c)in his treatment of her in relation to any list of persons in need of premises of that description.

[F185(1A)It is unlawful for such a person to subject to harassment a woman who applies for the premises.]

(2)It is unlawful for a person, in relation to premises managed by him, to discriminate against a woman occupying the premises—

(a)in the way he affords her access to any benefits or facilities, or by refusing or deliberately omitting to afford her access to them, or

(b)by evicting her, or subjecting her to any other detriment.

[F186(2A)It is unlawful for such a person to subject to harassment a woman who occupies the premises.]

(3)Subsection (1) does not apply to a person who owns an estate or interest in the premises and wholly occupies them unless he uses the services of an estate agent for the purposes of the disposal of the premises, or publishes or causes to be published an advertisement in connection with the disposal.

[F187(4)Subsections (1A) and (2A) apply in relation to an application for or occupation of premises except in so far as they relate to an excluded matter.]

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Amendments (Textual)

31 Discrimination: consent for assignment or sub-letting.E+W+S

(1)Where the licence or consent of the landlord or of any other person is required for the disposal to any person of premises in Great Britain comprised in a tenancy, it is unlawful for the landlord or other person

[F188(a)to discriminate against a woman by withholding the licence or consent for disposal of the premises to her, or

(b)in relation to such a licence or consent, to subject to harassment a woman to whom the disposal would be made if the licence or consent were given.]

(2)Subsection (1) does not apply if—

(a)the person withholding a licence or consent, or a near relative of his (“the relevant occupier”) resides, and intends to continue to reside, on the premises, and

(b)there is on the premises, in addition to the accommodation occupied by the relevant occupier, accommodation (not being storage accommodation or means of access) shared by the relevant occupier with other persons residing on the premises who are not members of his household, and

(c)the premises are small premises as defined in section 32(2).

(3)In this section “tenancy” means a tenancy created by a lease or sub-lease, by an agreement for a lease or sub-lease or by a tenancy agreement or in pursuance of any enactment; and “disposal”, in relation to premises comprised in a tenancy, includes assignment or assignation of the tenancy and sub-letting or parting with possession of the premises or any part of the premises.

(4)This section applies to tenancies created before the passing of this Act, as well as to others.

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Amendments (Textual)

32 Exception for small dwellings.E+W+S

(1)Sections 29(1) and 30 do not apply to the provision by a person of accommodation in any premises, or the disposal of premises by him, if—

(a)that person or a near relative of his (“the relevant occupier”) resides, and intends to continue to reside, on the premises, and

(b)there is on the premises, in addition to the accommodation occupied by the relevant occupier, accommodation (not being storage accommodation or means of access) shared by the relevant occupier with other persons residing on the premises who are not members of his household, and

(c)the premises are small premises.

(2)Premises shall be treated for the purposes of subsection (1) as small premises if—

(a)in the case of premises comprising residential accommodation for one or more households (under separate letting or similar agreements) in addition to the accommodation occupied by the relevant occupier, there is not normally residential accommodation for more than two such households and only the relevant occupier and any member of his household reside in the accommodation occupied by him;

(b)in the case of premises not falling within paragraph (a), there is not normally residential accommodation on the premises for more than six persons in addition to the relevant occupier and any members of his household.

33 Exception for political parties.E+W+S

(1)This section applies to a political party if—

(a)it has as its main object, or one of its main objects, the promotion of parliamentary candidatures for the Parliament of the United Kingdom, or

(b)it is an affiliate of, or has as an affiliate, or has similar formal links with, a political party within paragraph (a).

(2)Nothing in section 29(1) shall be construed as affecting any special provision for persons of one sex only in the constitution, organisation or administration of the political party.

(3)Nothing in section 29(1) shall render unlawful an act done in order to give effect to such a special provision.

34 Exception for voluntary bodies.E+W+S

(1)This section applies to a body—

(a)the activities of which are carried on otherwise than for profit, and

(b)which was not set up by any enactment.

(2)Sections 29(1) and 30 shall not be construed as rendering unlawful—

(a)the restriction of membership of any such body to persons of one sex (disregarding any minor exceptions), or

(b)the provision of benefits, facilities or services to members of any such body where the membership is so restricted,

even though membership of the body is open to the public, or to a section of the public.

(3)Nothing in section 29 or 30 shall—

(a)be construed as affecting a provision to which this subsection applies, or

(b)render unlawful an act which is done in order to give effect to such a provision.

(4)Subsection (3) applies to a provision for conferring benefits on persons of one sex only (disregarding any benefits to persons of the opposite sex which are exceptional or are relatively insignificant), being a provision which constitutes the main object of a body within subsection (1).

[F189(5)Subsections (2) to (4) do not apply to discrimination under section 1 or 2A in its application to sections 29 to 31 unless the treatment mentioned in those subsections is—

(a)a proportionate means of achieving a legitimate aim, or

(b)for the purpose of preventing or compensating for a disadvantage linked to sex.]

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Amendments (Textual)

35 Further exceptions from ss. 29(1) and 30.E+W+S

(1)A person who provides at any place facilities or services restricted to men does not for that reason contravene section 29(1) if [F190any of the conditions in subsections (1A) to (1C) is satisfied.]F191. . .

[F192(1A)The condition is that the place is, or is part of—

(a)a hospital, or

(b)any other establishment for persons requiring special care, supervision or attention.

(1B)The condition is that the place is (permanently or for the time being) occupied or used for the purposes of an organised religion, and the facilities or services are restricted to men so as to comply with the doctrines of that religion or avoid offending the religious susceptibilities of a significant number of its followers.

(1C)The condition is that the facilities or services are provided for, or are likely to be used by, two or more persons at the same time, and—

(a)the facilities or services are such, or those persons are such, that male users are likely to suffer serious embarrassment at the presence of a woman, or

(b)the facilities or services are such that a user is likely to be in a state of undress and a male user might reasonably object to the presence of a female user.]

(2)A person who provides facilities or services restricted to men does not for that reason contravene section 29(1) if the services or facilities are such that physical contact between the user and any other person is likely, and that other person might reasonably object if the user were a woman.

[F193(2A)In their application to discrimination falling within section 2A, subsections (1A), (1C) and (2) shall apply to the extent that any such discrimination is a proportionate means of achieving a legitimate aim.]

(3)Sections 29(1) and 30 do not apply—

(a)to discrimination [F194or harassment] which is rendered unlawful by any provision in column 1 of the table below, or

(b)to discrimination [F194or harassment] which would be so unlawful but for any provision in column 2 of that table, or

(c)to discrimination [F194or harassment] which contravenes a term modified or included by virtue of an equality clause.

TABLE
Provision creating illegalityException
Part IISections 6(3), 7(1)(b), 15(4), 19 and 20.
Schedule 4 paragraphs 1 and 2.
Section 22 or 23[F195Sections 26 and 27]
Schedule 4 paragraph 4.
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Amendments (Textual)

[F19635ZAExcluded mattersE+W+S
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Amendments (Textual)

Each of the following is an excluded matter for the purposes of sections 29 to 31–

(a)education (including vocational training);

(b)the content of media and advertisements;

(c)the provision of goods, facilities or services (not normally provided on a commercial basis) at a place (permanently or for the time being) occupied or used for the purposes of an organised religion.]

BarristersE+W+S

35AF197. . . Barristers.E+W+S
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Amendments (Textual)

(1)It is unlawful for a barrister or barrister’s clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a woman—

(a)in the arrangements which are made for the purpose of determining to whom it should be offered;

(b)in respect of any terms on which it is offered; or

(c)by refusing, or deliberately omitting, to offer it to her.

(2)It is unlawful for a barrister or barrister’s clerk, in relation to a woman who is a pupil or tenant in the chambers in question, to discriminate against her—

(a)in respect of any terms applicable to her as a pupil or tenant;

(b)in the opportunities for training, or gaining experience, which are afforded or denied to her;

(c)in the benefits, facilities or services which are afforded or denied to her; or

(d)by terminating her pupillage or by subjecting her to any pressure to leave the chambers or other detriment.

[F198(2A)It is unlawful for a barrister or barrister's clerk, in relation to a pupillage or tenancy, to subject to harassment a person who is, or who has applied to be, a pupil or tenant in the set of chambers concerned.]

(3)It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, [F199 to—

(a)discriminate against a woman by subjecting her to a detriment, or

(b)subject a woman to harassment.]

.

(4)In this section— “barrister’s clerk”includes any person carrying out any of the functions of a barrister’s clerk; and “pupil”, “pupillage”, “tenancy” and “tenant” have the meanings commonly associated with their use in the context of a set of barristers’ chambers [F200, but “tenant” shall also include any barrister permitted to work in a set of chambers who is not a tenant (and “tenancy” shall be construed accordingly).] .

(5)Section 3 applies for the purposes of this section as it applies for the purposes of any provision of Part II.

(6)This section does not apply to Scotland.

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Amendments (Textual)

AdvocatesE+W+S

35BF201. . . Advocates.E+W+S
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Amendments (Textual)

(1)It is unlawful for an advocate, in relation to taking any person as his pupil, to discriminate against a woman—

(a)in the arrangements which he makes for the purpose of determining whom he will take as his pupil;

(b)in respect of any terms on which he offers to take her as his pupil; or

(c)by refusing, or deliberately omitting, to take her as his pupil.

(2)It is unlawful for an advocate, in relation to a woman who is a pupil, to discriminate against her—

(a)in respect of any terms applicable to her as a pupil;

(b)in the opportunities for training, or gaining experience, which are afforded or denied to her;

(c)in the benefits, facilities or services which are afforded or denied to her; or

(d)by terminating the relationship or by subjecting her to any pressure to terminate the relationship or other detriment.

[F202(2A)It is unlawful for an advocate, in relation to taking any person as that advocate's pupil, to subject to harassment a person who is, or who has applied to be taken as, his pupil.]

(3)It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to an advocate, to discriminate against a woman [F203by subjecting her to a detriment or to subject her to harassment] .

(4)In this section— “advocate” means a member of the Faculty of Advocates practising as such; and “pupil”has the meaning commonly associated with its use in the context of a person training to be an advocate.

(5)Section 3 applies for the purposes of this section as it applies for the purposes of any provision of Part II.

(6)This section does not apply to England and Wales.

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Amendments (Textual)

[F204Relationships which have come to an endE+W+S

35CRelationships which have come to an endE+W+S
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Amendments (Textual)

(1)This section applies where—

(a)there has been a relevant relationship between a woman and another person (“the relevant person”), and

(b)the relationship has come to an end (whether before or after the commencement of this section).

(2)In this section, a “relevant relationship” is a relationship during the course of which an act of discrimination by one party to the relationship against the other party to it is unlawful under—

[F206(za)sections 29 to 31, except in so far as they relate to an excluded matter,]

(a)section 35A or 35B, or

(b)any other provision of this Part, so far as the provision applies to vocational training.

(3)It is unlawful for the relevant person to discriminate against the woman by subjecting her to a detriment where the discrimination arises out of and is closely connected to the relevant relationship.

[F207(4)It is unlawful for the relevant person to subject a woman to harassment where that treatment arises out of or is closely connected to the relevant relationship.]]]

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Amendments (Textual)

ExtentE+W+S

36 Extent of Part III.E+W+S

(1)Section 29(1)—

(a)does not apply to goods, facilities or services outside Great Britain except as provided in subsections (2) and (3), and

(b)does not apply to facilities by way of banking or insurance or for grants, loans, credit or finance, where the facilities are for a purpose to be carried out, or in connection with risks wholly or mainly arising, outside Great Britain.

(2)Section 29(1) applies to the provision of facilities for travel outside Great Britain where the refusal or omission occurs in Great Britain or on a ship, aircraft or hovercraft within subsection (3).

(3)Section 29(1) applies on and in relation to—

(a)any ship registered at a port of registry in Great Britain, and

(b)any aircraft or hovercraft registered in the United Kingdom and operated by a person who has his principal place of business, or is ordinarily resident, in Great Britain,

(c)any ship, aircraft or hovercraft belonging to or possessed by Her Majesty in right of the Government of the United Kingdom,

even if the ship, aircraft or hovercraft is outside Great Britain.

(4)This section shall not render unlawful an act done in or over a country outside the United Kingdom, or in or over that country’s territorial waters, for the purpose of complying with the laws of that country.

(5)Sections 22, 23 and 25 do not apply to benefits, facilities or services outside Great Britain except—

(a)travel on a ship registered at a port of registry in Great Britain, and

(b)benefits, facilities or services provided on a ship so registered.

Part IV E+W+S Other Unlawful Acts

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Modifications etc. (not altering text)

C36Pt. IV (ss. 37–42) excluded by S.I. 1989/2420, art. 3

37 Discriminatory practices.E+W+S

[F208(1)In this section “discriminatory practice” means—

(a)the application of a provision, criterion or practice which results in an act of discrimination which is unlawful by virtue of any provision of Part 2 or 3 taken with section 1(2)(b) or 3(1)(b) or which would be likely to result in such an act of discrimination if the persons to whom it is applied were not all of one sex, or

(b)the application of a requirement or condition which results in an act of discrimination which is unlawful by virtue of any provision of Part 3 taken with section 1(1)(b) or which would be likely to result in such an act of discrimination if the persons to whom it is applied were not all of one sex.]

(2)A person acts in contravention of this section if and so long as—

(a)he applies a discriminatory practice, or

(b)he operates practices or other arrangements which in any circumstances would call for the application by him of a discriminatory practice.

(3)Proceedings in respect of a contravention of this section shall be brought only by the Commission in accordance with [F209sections 20 to 24 of the Equality Act 2006] .

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Amendments (Textual)

F208S. 37(1) substituted (12.10.2001) by S.I. 2001/2660, reg. 8(2)

F209Words in s. 37(3) substituted (1.10.2007) by virtue of Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 7 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

38 Discriminatory advertisements.E+W+S

(1)It is unlawful to publish or cause to be published an advertisement which indicates, or might reasonably be understood as indicating, an intention by a person to do any act which is or might be unlawful by virtue of Part II or III.

(2)Subsection (1) does not apply to an advertisement if the intended act would not in fact be unlawful.

(3)For the purposes of subsection (1), use of a job description with a sexual connotation (such as “waiter”, “salesgirl”, “postman” or “stewardess”) shall be taken to indicate an intention to discriminate, unless the advertisement contains an indication to the contrary.

(4)The publisher of an advertisement made unlawful by subsection (1) shall not be subject to any liability under that subsection in respect of the publication of the advertisement if he proves—

(a)that the advertisement was published in reliance on a statement made to him by the person who caused it to be published to the effect that, by reason of the operation of subsection (2), the publication would not be unlawful, and

(b)that it was reasonable for him to rely on the statement.

(5)A person who knowingly or recklessly makes a statement such as is referred to in subsection (4) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding [F210level 5 on the standard scale].

[F211(6)Proceedings in respect of a contravention of subsection (1) may be brought only—

(a)by the Commission, and

(b)in accordance with section 25 of the Equality Act 2006.]

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Amendments (Textual)

39 Instructions to discriminate.E+W+S

[F212(1)]It is unlawful for a person—

(a)who has authority over another person, or

(b)in accordance with whose wishes that other person is accustomed to act,

to instruct him to do any act which is unlawful by virtue of Part II or III, or procure or attempt to procure the doing by him of any such act.

[F213(2)Proceedings in respect of a contravention of subsection (1) may be brought only—

(a)by the Commission, and

(b)in accordance with section 25 of the Equality Act 2006.]

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Amendments (Textual)

F212S. 39: re-numbered (1.10.2007) as subsection (1) by virtue of Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 9 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

40 Pressure to discriminate.E+W+S

(1)It is unlawful to induce, or attempt to induce, a person to do any act which contravenes Part II or III by—

(a)providing or offering to provide him with any benefit, or

(b)subjecting or threatening to subject him to any detriment.

(2)An offer or threat is not prevented from falling within subsection (1) because it is not made directly to the person in question, if it is made in such a way that he is likely to hear of it.

[F214(3)Proceedings in respect of a contravention of subsection (1) may be brought only—

(a)by the Commission, and

(b)in accordance with section 25 of the Equality Act 2006.]

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Amendments (Textual)

41 Liability of employers and principals. E+W+S
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Modifications etc. (not altering text)

C38S. 41 modified by S.I. 1989/901, art. 3, Sch.

(1)Anything done by a person in the course of his employment shall be treated for the purposes of this Act as done by his employer as well as by him, whether or not it was done with the employer’s knowledge or approval.

(2)Anything done by a person as agent for another person with the authority (whether express or implied, and whether precedent or subsequent) of that other person shall be treated for the purposes of this Act as done by that other person as well as by him.

(3)In proceedings brought under this Act against any person in respect of an act alleged to have been done by an employee of his it shall be a defence for that person to prove that he took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing in the course of his employment acts of that description.

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Modifications etc. (not altering text)

C38S. 41 modified by S.I. 1989/901, art. 3, Sch.

C39S. 41 modified (2.3.1998) by S.I. 1998/218, art. 3, Sch. (which S.I. was revoked (1.9.1999) by S.I. 1999/2256, art. 3, Sch.)

C40S. 41 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

42 Aiding unlawful acts.E+W+S

(1)A person who knowingly aids another person to do an act made unlawful by this Act shall be treated for the purposes of this Act as himself doing an unlawful act of the like description.

(2)For the purposes of subsection (1) an employee or agent for whose act the employer or principal is liable under section 41 (or would be so liable but for section 41(3)) shall be deemed to aid the doing of the act by the employer or principal.

(3)A person does not under this section knowingly aid another to do an unlawful act if—

(a)he acts in reliance on a statement made to him by that other person that, by reason of any provision of this Act, the act which he aids would not be unlawful, and

(b)it is reasonable for him to rely on the statement.

(4)A person who knowingly or recklessly makes a statement such as is referred to in subsection (3)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding [F215level 5 on the standard scale].

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Amendments (Textual)

Part V E+W+S General Exceptions from Parts II to IV

[F21642A Selection of candidatesE+W+S
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Amendments (Textual)

F216S. 42A inserted (26.2.2002) by Sex Discrimination (Election Candidates) Act 2002 (c. 2), s. 1 (the Act expiring at the end of 2015 unless an order is made under s. 3(1))

(1)Nothing in Parts 2 to 4 shall—

(a)be construed as affecting arrangements to which this section applies, or

(b)render unlawful anything done in accordance with such arrangements.

(2)This section applies to arrangements made by a registered political party which—

(a)regulate the selection of the party’s candidates in a relevant election, and

(b)are adopted for the purpose of reducing inequality in the numbers of men and women elected, as candidates of the party, to be members of the body concerned.

(3)The following elections are relevant elections for the purposes of this section—

(a)parliamentary elections;

(b)elections to the European Parliament;

(c)elections to the Scottish Parliament;

(d)elections to the National Assembly for Wales;

(e)local government elections within the meaning of section 191, 203 or 204 of the Representation of the People Act 1983 (c. 2) (excluding any election of the Mayor of London).

(4)In this section “registered political party” means a party registered in the Great Britain register under Part 2 of the Political Parties, Elections and Referendums Act 2000 (c. 41).]

43 Charities.E+W+S

(1)Nothing in Parts II to IV shall—

(a)be construed as affecting a provision to which this subsection applies, or

(b)render unlawful an act which is done in order to give effect to such a provision.

(2)Subsection (1) applies to a provision for conferring benefits on persons of one sex only (disregarding any benefits to persons of the opposite sex which are exceptional or are relatively insignificant), being a provision which is contained in a charitable instrument.

[F217(2A)But subsection (1) does not apply to discrimination under section 1 or 2A in its application to sections 29 to 31 unless the conferral of benefits is—

(a)a proportionate means of achieving a legitimate aim, or

(b)for the purpose of preventing or compensating for a disadvantage linked to sex.]

[F218(3)In this section “charitable instrument” means an enactment or other instrument passed or made for charitable purposes, or an enactment or other instrument so far as it relates to charitable purposes, and in Scotland includes the governing instrument of an endowment or of an educational endowment as those expressions are defined in section 135(1) of the M17Education (Scotland) Act 1962.

In the application of this section to England and Wales, “charitable purposes” means purposes which are exclusively charitable according to the law of England and Wales.]

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Amendments (Textual)

F218S. 43(3) substituted for s. 43(3)(4) by S.I. 1977/528, art. 2

Marginal Citations

Sport etc.E+W+S

[F21944.(1)]Nothing in Parts II to IV shall, in relation to any sport, game or other activity of a competitive nature where the physical strength, stamina or physique of the average woman puts her at a disadvantage to the average man, render unlawful any act related to the participation of a person as a competitor in events involving that activity which are confined to competitors of one sex.

[F220(2)Subsection (1) applies to discrimination under sections 29 to 31 which falls within section 2A, only if the discrimination is necessary to secure—

(a)fair competition, or

(b)the safety of competitors,

at such events.]

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Amendments (Textual)

45 Insurance etc.E+W+S

[F221(1)]Nothing in Parts II to IV shall render unlawful the treatment of a person in relation to an annuity, life assurance policy, accident insurance policy, or similar matter involving the assessment of risk, where the treatment—

(a)was effected by reference to actuarial or other data from a source on which it was reasonable to rely, and

(b)was reasonable having regard to the data and any other relevant factors.

[F222(2)In the case of discrimination under section 29, 30 or 31, subsection (1) applies only in so far as that section relates to—

(a)an excluded matter; or

(b)differences in premiums and benefits applicable to a person under a contract of insurance or related financial services entered into before the appropriate date.

(3)Despite subsection (2), the treatment is not unlawful under section 29(1) if—

(a)in the case of discrimination under a contract entered into on or after the appropriate date which relates to differences in premiums and benefits, each of the following conditions is satisfied—

(i)the use of sex as a factor in the assessment of risk is based on relevant and accurate actuarial and statistical data;

(ii)the data referred to in subparagraph (i) are compiled, published (whether in full or in summary form) and regularly updated in accordance with guidance issued by the Treasury;

(iii)the differences in treatment are proportionate having regard to the data mentioned in subparagraph (i);

(iv)the differences do not result from costs related to pregnancy or to the fact that a woman has given birth at any time in the period of 26 weeks ending on the day the treatment occurs or begins; or

(b)insurance or related financial services are provided only to members of one sex in relation to risks which only affect that sex.

(4)Subsection (3)(a) applies to discrimination under section 2A as if, in subsection (1) of that section, after “other persons” there were inserted of B's sex.

(5)For the purposes of this section, “the appropriate date” means the date on which the Sex Discrimination (Amendment of Legislation) Regulations 2008 came into force.]

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Amendments (Textual)

46 Communal accommodation.E+W+S

(1)In this section “communal accommodation” means residential accommodation which includes dormitories or other shared sleeping accommodation which for reasons of privacy or decency should be used by men only, or by women only (but which may include some shared sleeping accommodation for men, and some for women, or some ordinary sleeping accommodation).

(2)In this section “communal accommodation” also includes residential accommodation all or part of which should be used by men only, or by women only, because of the nature of the sanitary facilities serving the accommodation.

(3)Nothing in Part II or III shall render unlawful sex discrimination in the admission of persons to communal accommodation if the accommodation is managed in a way which, given the exigencies of the situation, comes as near as may be to fair and equitable treatment of men and women.

(4)In applying subsection (3) account shall be taken of—

(a)whether and how far it is reasonable to expect that the accommodation should be altered or extended, or that further alternative accommodation should be provided; and

(b)the frequency of the demand or need for use of the accommodation by men as compared with women.[F223; and]

[F224(c)in respect of discrimination falling within section 2A, whether and how far such discrimination is a proportionate means of achieving a legitimate aim.]

(5)Nothing in Part II or III shall render unlawful sex discrimination against a woman, or against a man, as respects the provision of any benefit, facility or service if—

(a)the benefit, facility or service cannot properly and effectively be provided except for those using communal accommodation, and

(b)in the relevant circumstances the woman or, as the case may be, the man could lawfully be refused the use of the accommodation by virtue of subsection (3).

(6)Neither subsection (3) nor subsection (5) is a defence to an act of sex discrimination under Part II unless such arrangements as are reasonably practicable are made to compensate for the detriment caused by the discrimination; but in considering under subsection (5)(b) whether the use of communal accommodation could lawfully be refused (in a case based on Part II), it shall be assumed that the requirements of this subsection have been complied with as respects subsection (3).

(7)Section 25 shall not apply to sex discrimination within subsection (3) or (5).

(8)This section is without prejudice to the generality of [F225section 35(1) and (1C)].

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Amendments (Textual)

47 Discriminatory training by certain bodies.E+W+S

(1)Nothing in Parts II to IV shall render unlawful any act done in relation to particular work by [F226any person]in, or in connection with—

(a)affording women only, or men only, access to facilities for training which would help to fit them for that work, or

(b)encouraging women only, or men only, to take advantage of opportunities for doing that work,

where [F226it reasonably appears to that person]that at any time within the 12 months immediately preceding the doing of the act there were no persons of the sex in question doing that work in Great Britain, or the number of persons of that sex doing the work in Great Britain was comparatively small.

(2)Where in relation to particular work [F227it reasonably appears to any person]that although the condition for the operation of subsection (1) is not met for the whole of Great Britain it is met for an area within Great Britain, nothing in Parts II to IV shall render unlawful any act done by [F227that person]in, or in connection with—

(a)affording persons who are of the sex in question, and who appear likely to take up that work in that area, access to facilities for training which would help to fit them for that work, or

(b)encouraging persons of that sex to take advantage of opportunities in the area for doing that work.

(3)Nothing in Parts II to IV shall render unlawful any act done by [F226any person]in, or in connection with, affording persons access to facilities for training which would help to fit them for employment, where [F226it reasonably appears to that person]that those persons are in special need of training by reason of the period for which they have been discharging domestic or family responsibilities to the exclusion of regular full time employment.

The discrimination in relation to which this subsection applies may result from confining the training to persons who have been discharging domestic or family responsibilities, or from the way persons are selected for training, or both.

[F228(4)The preceding provisions of this section shall not apply in relation to any discrimination which is rendered unlawful by section 6.]

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Amendments (Textual)

48 Other discriminatory training etc.E+W+S

(1)Nothing in Parts II to IV shall render unlawful any act done by an employer in relation to particular work in his employment, being an act done in, or in connection with,—

(a)affording his female employees only, or his male employees only, access to facilities for training which would help to fit them for that work, or

(b)encouraging women only, or men only, to take advantage of opportunities for doing that work,

where at any time within the twelve months immediately preceding the doing of the act there were no persons of the sex in question among those doing that work or the number of persons of that sex doing the work was comparatively small.

(2)Nothing in section 12 shall render unlawful any act done by an organisation to which that section applies in, or in connection with,—

(a)affording female members of the organisation only, or male members of the organisation only, access to facilities for training which would help to fit them for holding a post of any kind in the organisation, or

(b)encouraging female members only, or male members only, to take advantage of opportunities for holding such posts in the organisation,

where at any time within the twelve months immediately preceding the doing of the act there were no persons of the sex in question among persons holding such posts in the organisation or the number of persons of that sex holding such posts was comparatively small.

(3)Nothing in Parts II to IV shall render unlawful any act done by an organisation to which section 12 applies in, or in connection with, encouraging women only, or men only, to become members of the organisation where at any time within the twelve months immediately preceding the doing of the act there were no persons of the sex in question among those members or the number of persons of that sex among the members was comparatively small.

49 Trade unions etc.: elective bodies.E+W+S

(1)If an organisation to which section 12 applies comprises a body the membership of which is wholly or mainly elected, nothing in section 12 shall render unlawful provision which ensures that a minimum number of persons of one sex are members of the body—

(a)by reserving seats on the body for persons of that sex, or

(b)by making extra seats on the body available (by election or co-option or otherwise) for persons of that sex on occasions when the number of persons of that sex in the other seats is below the minimum,

where in the opinion of the organisation the provision is in the circumstances needed to secure a reasonable lower limit to the number of members of that sex serving on the body; and nothing in Parts II to IV shall render unlawful any act done in order to give effect to such a provision.

(2)This section shall not be taken as making lawful—

(a)discrimination in the arrangements for determining the persons entitled to vote in an election of members of the body, or otherwise to choose the persons to serve on the body, or

(b)discrimination in any arrangements concerning membership of the organisation itself.

50 Indirect access to benefits etc.E+W+S

(1)References in this Act to the affording by any person of access to benefits, facilities or services are not limited to benefits, facilities or services provided by that person himself, but include any means by which it is in that person’s power to facilitate access to benefits, facilities or services provided by any other person (the “actual provider”).

(2)Where by any provision of this Act the affording by any person of access to benefits, facilities or services in a discriminatory way is in certain circumstances prevented from being unlawful, the effect of the provision shall extend also to the liability under this Act of any actual provider.

[F22951 Acts done for purposes of protection of women.E+W+S
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Amendments (Textual)

F229Ss. 51, 51A substituted for s. 51 by Employment Act 1989 (c. 38, SIF 43:1, 106:1), ss. 3(3), 4 (subject to a (temp.) saving in Sch. 9 para. 1)

(1)Nothing in the following provisions, namely—

(a)Part II,

[F230(aa)sections 35A and 35B,]

(b)[F231the remainder of] Part III so far as it applies to vocational training, or

(c)Part IV so far as it has effect in relation to the provisions mentioned in paragraphs (a) and (b),

shall render unlawful any act done by a person in relation to a woman if—

(i)it was necessary for that person to do it in order to comply with a requirement of an existing statutory provision concerning the protection of women, or

(ii)it was necessary for that person to do it in order to comply with a requirement of a relevant statutory provision (within the meaning of Part I of the M18 Health and Safety at Work etc. Act 1974) and it was done by that person for the purpose of the protection of the woman in question (or of any class of women that included that woman).

(2)In subsection (1)—

(a)the reference in paragraph (i) of that subsection to an existing statutory provision concerning the protection of women is a reference to any such provision having effect for the purpose of protecting women as regards—

(i)pregnancy or maternity, or

(ii)other circumstances giving rise to risks specifically affecting women,

whether the provision relates only to such protection or to the protection of any other class of persons as well; and

(b)the reference in paragraph (ii) of that subsection to the protection of a particular woman or class of women is a reference to the protection of that woman or those women as regards any circumstances falling within paragraph (a)(i) or (ii) above.

(3)In this section “existing statutory provision” means (subject to subsection (4) ) any provision of—

(a)an Act passed before this Act, or

(b)an instrument approved or made by or under such an Act (including one approved or made after the passing of this Act).

(4)Where an Act passed after this Act re-enacts (with or without modification) a provision of an Act passed before this Act, that provision as re-enacted shall be treated for the purposes of subsection (3) as if it continued to be contained in an Act passed before this Act.

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Amendments (Textual)

Marginal Citations

M181974 c.37 (43:3).

51A Acts done under statutory authority to be exempt from certain provisions of Part III.E+W+S

(1)Nothing in—

[F232(za)sections 21A to 27, 32 and 33,]

(a)the relevant provisions of Part III, or

(b)Part IV so far as it has effect in relation to those provisions,

shall render unlawful any act done by a person if it was necessary for that person to do it in order to comply with a requirement of an existing statutory provision within the meaning of section 51.

(2)In subsection (1) “the relevant provisions of Part III” means the provisions of that Part [F233(except sections 21A to 27, 32 and 33) in so far as they relate to an excluded matter].

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Amendments (Textual)

52 Acts safeguarding national security.E+W+S

(1)Nothing in Parts II to IV shall render unlawful an act done for the purpose of safeguarding national security.

(2)A certificate purporting to be signed by or on behalf of a Minister of the Crown and certifying that an act specified in the certificate was done for the purpose of safeguarding national security shall be conclusive evidence that it was done for that purpose.

(3)A document purporting to be a certificate such as is mentioned in subsection (2) shall be received in evidence and, unless the contrary is proved, shall be deemed to be such a certificate.

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Modifications etc. (not altering text)

C42By S.I. 1988/249, art. 2 it is provided that subsections (2) and (3) of section 52 of the Sex Discrimination Act 1975 shall cease to have effect in relation to the determination of the question whether any act is rendered unlawful by Part II of that Act, by Part III of that Act, so far as it applies to vocational training, or by Part IV of that Act taken with Part II or with Part III so far as it so applies

52A Construction of references to vocational training.E+W+S
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Amendments (Textual)

In the following provisions, namely—

(a)F235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the provisions of any Order in Council modifying the effect of section 52,

vocational training” includes advanced vocational training and retraining; and any reference to vocational training in those provisions shall be construed as including a reference to vocational guidance.]]

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Amendments (Textual)

Part VI E+W+SF236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Part VII E+W+S Enforcement

General E+W+S

[F25362 Restriction of proceedings for breach of Act. E+W+S
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Amendments (Textual)

(1)Except as provided by this Act no proceedings, whether civil or criminal, shall lie against any person in respect of an act by reason that the act is unlawful by virtue of a provision of this Act.

(2)Subsection (1) does not preclude the making of an order of certiorari, mandamus or prohibition.

(3)In Scotland, subsection (1) does not preclude the exercise of the jurisdiction of the Court of Session to entertain an application for reduction or suspension of any order or determination, or otherwise to consider the validity of any order or determination, or to require reasons for any order or determination to be stated.]

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Modifications etc. (not altering text)

Enforcement in employment fieldE+W+S

63 Jurisdiction of [F254employment tribunals].E+W+S
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Amendments (Textual)

F254Words in s. 63 heading substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b); S.I. 1998/1658, art. 2, Sch. 1 (with art. 3)

(1)A complaint by any person (“the complainant”) that another person (“the respondent”)—

(a)has committed an act of discrimination [F255or harassment] against the complainant which is unlawful by virtue of Part II [F256or section 35A or 35B] , or

(b)is by virtue of section 41 or 42 to be treated as having committed such an act of discrimination [F255or harassment] against the complainant,

may be presented to an [F257employment tribunal].

(2)Subsection (1) does not apply to a complaint under section 13(1) of an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment.

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Amendments (Textual)

F257Words in s. 63(1) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2, Sch. 1 (with art. 3)

[F25863A Burden of proof: employment tribunalsE+W+S
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Amendments (Textual)

F258S. 63A inserted (12.10.2001) by S.I. 2001/2660, reg. 5

(1)This section applies to any complaint presented under section 63 to an employment tribunal.

(2)Where, on the hearing of the complaint, the complainant proves facts from which the tribunal could, apart from this section, conclude in the absence of an adequate explanation that the respondent—

(a)has committed an act of discrimination [F259or harassment] against the complainant which is unlawful by virtue of Part 2 [F260or section 35A or 35B] , or

(b)is by virtue of section 41 or 42 to be treated as having committed such an act of discrimination [F259or harassment] against the complainant,

the tribunal shall uphold the complaint unless the respondent proves that he did not commit, or, as the case may be, is not to be treated as having committed, that act.]

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Amendments (Textual)

F26164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F261S. 64 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

65 Remedies on complaint under section 63. E+W+S
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Modifications etc. (not altering text)

(1)Where an [F262employment tribunal] finds that a complaint presented to it under section 63 is well-founded the tribunal shall make such of the following as it considers just and equitable—

(a)makes such order under subsection (1)(a) and such recommendation under subsection (1)(c) (if any) as it would have made if it had no power to make an order under subsection (1)(b); and

(b)(where it makes an order under subsection (1)(a) or a recommendation under subsection (1)(c) or both) considers that it is just and equitable to make an order under subsection (1)(b) as well.

(a)an order declaring the rights of the complainant and the respondent in relation to the act to which the complaint relates;

(b)an order requiring the respondent to pay to the complainant compensation of an amount corresponding to any damages he could have been ordered by a county court or by a sheriff court to pay to the complainant if the complaint had fallen to be dealt with under section 66;

(c)a recommendation that the respondent take within a specified period action appearing to the tribunal to be practicable for the purpose of obviating or reducing the adverse effect on the complainant of any act of discrimination to which the complaint relates.

[F263(1A)In applying section 66 for the purposes of subsection (1)(b), no account shall be taken of subsection (3) of that section.

(1B)As respects an unlawful act of discrimination falling within [F264section 1(2)(b)] or section 3(1)(b), if the respondent proves that the [F265provision, criterion or practice] in question was not applied with the intention of treating the complainant unfavourably on the ground of his sex [F266or (as the case may be) fulfilment of the condition in section 3(2)], an order may be made under subsection (1)(b) only if the [F262employment tribunal]

(a)makes such order under subsection (1)(a) and such recommendation under subsection (1)(c) (if any) as it would have made if it had no power to make an order under subsection (1)(b); and

(b)(where it makes an order under subsection (1)(a) or a recommendation under subsection (1)(c) or both) considers that it is just and equitable to make an order under subsection (1)(b) as well.]

F267(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If without reasonable justification the respondent to a complaint fails to comply with a recommendation made by an [F262employment tribunal] under subsection (1)(c), then, if they think it just and equitable to do so—

(a)the tribunal may F268. . .increase the amount of compensation required to be paid to the complainant in respect of the complaint by an order made under subsection (1)(b), or

(b)if an order under subsection (1)(b) [F269was not made], the tribunal may make such an order.

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Amendments (Textual)

F262Words in s. 65(1)(1B)(3)(b) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2, Sch. 1 (with art. 3)

F263S. 65(1A)(1B) inserted (25.3.1996) by S.I. 1996/438, reg. 2(2)

F264Words in s. 65(1B) substituted (12.10.2001) by S.I. 2001/2660, reg. 8(3)(a)

F265Words in s. 65(1B) substituted (12.10.2001) by S.I. 2001/2660, reg. 8(3)(b)

F267S. 65(2) repealed (22.11.1993) by S.I. 1993/2798, reg. 2

F268Words inserted by Race Relations Act 1976 c. 74, Sch. 4, para. 4 and repealed (22.11.1993) by S.I. 1993/2798, reg. 1(3), Sch. para. 1

F269Words in s. 65(3)(b) substituted (25.3.1996) by S.I. 1996/438, reg. 2(3)

Modifications etc. (not altering text)

Enforcement of Part IIIE+W+S

66 Claims under Part III.E+W+S

(1)A claim by any person (“the claimant”) that another person (“the respondent”)—

(a)has committed an act of discrimination [F270or harassment] against the claimant which is unlawful by virtue of Part III, [F271other than section 35A or 35B,] or

(b)is by virtue of section 41 or 42 to be treated as having committed such an act of discrimination [F270or harassment] against the claimant,

may be made the subject of civil proceedings in like manner as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.

(2)Proceedings under subsection (1)—

(a)shall be brought in England and Wales only in a county court, and

(b)shall be brought in Scotland only in a sheriff court,

but all such remedies shall be obtainable in such proceedings as, apart from this subsection [F272and section 62(1)], would be obtainable in the High Court or the Court of Session, as the case may be.

(3)As respects an unlawful act of discrimination falling within section 1(1)(b) F273. . . no award of damages shall be made if the respondent proves that the requirement or condition in question was not applied with the intention of treating the claimant unfavourably on the ground of his sex F274. . ..

[F275(3A)Subsection (3) does not affect the award of damages in respect of an unlawful act of discrimination falling within section 1(2)(b).]

(4)For the avoidance of doubt it is hereby declared that damages in respect of an unlawful act of discrimination [F276or harassment] may include compensation for injury to feelings whether or not they include compensation under any other head.

(5)Civil proceedings in respect of a claim by any person that he has been discriminated against [F277, or subjected to harassment,] in contravention of section 22 or 23 by a body to which section 25(1) applies shall not be instituted unless the claimant has given notice of the claim to the Secretary of State and either the Secretary of State has by notice informed the claimant that the Secretary of State does not require further time to consider the matter, or the period of two months has elapsed since the claimant gave notice to the Secretary of State; but nothing in this subsection applies to a counterclaim.

[F278(5A)In Scotland, when any proceedings are brought under this section, in addition to the service on the defender of a copy of the summons or initial writ initiating the action a copy thereof shall be sent as soon as practicable to the Commission in a manner to be prescribed by Act of Sederunt.]

(6)For the purposes of proceedings under subsection (1)—

(a)[F279section 63(1) (assessors) of the County Courts Act 1984]shall apply with the omission of the words “on the application of any party”, and

(b)the remuneration of assessors appointed under the said section [F28063(1)]shall be at such rate as may be determined by the Lord Chancellor with the approval of the Minister for the Civil Service.

(7)For the purpose of proceedings before the sheriff, provision may be made by act of sederunt for the appointment of assessors by him, and the remuneration of any assessors so appointed shall be at such rate as the Lord President of the Court of Session with the approval of [F281the Treasury]may determine.

(8)A county court or sheriff court shall have jurisdiction to entertain proceedings under subsection (1) with respect to an act done on a ship, aircraft or hovercraft outside its district, including such an act done outside Great Britain.

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Amendments (Textual)

F273Words in s. 66(3) omitted (25.3.1996) by virtue of S.I. 1996/438, reg. 2(4)

F274Words in s. 66(3) omitted (25.3.1996) by virtue of S.I. 1996/438, reg. 2(4)

F275S. 66(3A) inserted (12.10.2001) by S.I. 2001/2660, reg. 7

F281Words substituted by S.I. 1981/1670, arts. 2(2), 3(5)

Modifications etc. (not altering text)

C49S. 66(5): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[F28266A Burden of proof: county and sheriff courtsE+W+S
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Amendments (Textual)

F282S. 66A inserted (12.10.2001) by S.I. 2001/2660,reg. 6

(1)This section applies to any claim brought under section 66(1) in a county court in England and Wales or a sheriff court in Scotland.

(2)Where, on the hearing of the claim, the claimant proves facts from which the court could, apart from this section, conclude in the absence of an adequate explanation that the respondent—

[F283(a)has committed an act of discrimination or harassment against the claimant which is unlawful by virtue of—

(i)section 29, 30 or 31, or

(ii)any other provision of Part 3 so far as it applies to vocational training, or]

(b)is by virtue of section 41 or 42 to be treated as having committed such an act of discrimination [F284or harassment] against the claimant,

the court shall uphold the claim unless the respondent proves that he did not commit, or, as the case may be, is not to be treated as having committed, that act.]

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Amendments (Textual)

[F28566BNational securityE+W+S
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Amendments (Textual)

(1)Rules of court may make provision for enabling a county court or sheriff court in which a claim is brought under section 66(1), where the court considers it expedient in the interests of national security—

(a)to exclude from all or part of the proceedings—

(i)the claimant;

(ii)the claimant's representatives;

(iii)any assessors;

(b)to permit a claimant or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or the part of the proceedings, from which he is excluded;

(c)to take steps to keep secret all or part of the reasons for the court's decision in the proceedings.

(2)The Attorney General or, in Scotland, the Advocate General for Scotland, may appoint a person to represent the interests of a claimant in, or in any part of, proceedings from which the claimant or his representatives are excluded by virtue of subsection (1).

(3)A person may be appointed under subsection (2) only—

(a)in relation to proceedings in England and Wales, if he has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41)), or

(b)in relation to proceedings in Scotland, if he is—

(i)an advocate, or

(ii)qualified to practice as a solicitor in Scotland.

(4)A person appointed under subsection (2) shall not be responsible to the person whose interests he is appointed to represent.]

Non-discrimination noticesE+W+S

67 Issue of non-discrimination notice.E+W+S

F286. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

68 Appeal against non-discrimination notice.E+W+S

F287. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

69 Investigation as to compliance with non-discrimination notice.E+W+S

F288. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

70 Register of non-discrimination notices.E+W+S

F289. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Other enforcement by CommissionE+W+S

71 Persistent discrimination.E+W+S

F290. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

72 Enforcement of ss. 38 to 40.E+W+S

F291. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

73 Preliminary action in employment cases.E+W+S

F292. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Help for persons suffering discriminationE+W+S

74 Help for aggrieved persons in obtaining information etc.E+W+S

(1)With a view to helping a person (“the person aggrieved”) who considers he may have been discriminated against [F293or subjected to harassment] in contravention of this Act to decide whether to institute proceedings and, if he does so, to formulate and present his case in the most effective manner, the [F294Minister] shall by order prescribe—

(a)forms by which the person aggrieved may question the respondent on his reasons for doing any relevant act, or on any other matter which is or may be relevant;

(b)forms by which the respondent may if he so wishes reply to any questions.

(2)Where the person aggrieved questions the respondent (whether in accordance with an order under subsection (1) or not)—

(a)the question, and any reply by the respondent (whether in accordance with such an order or not) shall, subject to the following provisions of this section, be admissible as evidence in the proceedings;

(b)if it appears to the court or tribunal that the respondent deliberately, and without reasonable excuse, omitted to reply within [F295the period applicable under subsection (2A)] or that his reply is evasive or equivocal, the court or tribunal may draw any inference from that fact that it considers it just and equitable to draw, including an inference that he committed an unlawful act.

[F296(2A)The period applicable for the purposes of subsection (2)(b) is—

(a)eight weeks beginning with the day when the question was served on the respondent, if the question relates to discrimination under—

(i)any provision of Part 2,

[F297(ia)section 29, 30 or 31, except in so far as it relates to an excluded matter,]

(ii)section 35A or 35B, or

(iii)any other provision of Part 3, so far as it applies to vocational training;

(b)a reasonable period, as regards any other question.]

(3)The [F294Minister] may by order—

(a)prescribe the period within which questions must be duly served in order to be admissible under subsection (2)(a), and

(b)prescribe the manner in which a question, and any reply by the respondent, may be duly served.

(4)Rules may enable the court entertaining a claim under section 66 to determine, before the date fixed for the hearing of the claim, whether a question or reply is admissible under this section or not.

(5)This section is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before a county court, sheriff court or [F298employment tribunal], and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.

(6)In this section “respondent” includes a prospective respondent and “rules”—

(a)in relation to county court proceedings, means county court rules;

(b)in relation to sheriff court proceedings, means sheriff court rules.

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Amendments (Textual)

F298Words in s. 74(5) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2, Sch. 1 (with art. 3)

75 Assistance by Commission.E+W+S

F299. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Period within which proceedings to be broughtE+W+S

76 Period within which proceedings to be brought.E+W+S

(1)An [F300employment tribunal] shall not consider a complaint under section 63 unless it is presented to the tribunal before the end of [F301

(a)the period of three months beginning when the act complained of was done; or

(b)in a case to which section 85(9A) applies, the period of six months so beginning.]

(2)A county court or a sheriff court shall not consider a claim under section 66 unless proceedings in respect of the claim are instituted before the end of

[F302(a)the period of six months beginning when the act complained of was done; or

(b)in a case to which section 66(5) applies, the period of eight months so beginning.]

[F303(2A)Where in England and Wales—

(a)proceedings or prospective proceedings under section 66 relate to the act or omission of a qualifying institution, and

(b)the dispute concerned is referred as a complaint under the student complaints scheme before the end of the period of six months mentioned in subsection (2)(a),

the period allowed by subsection (2)(a) shall be extended by [