Sex Discrimination Act 1975

  1. Introductory Text

  2. Part I Discrimination to Which Act Applies

    1. 1. Direct and indirect discrimination against women

    2. 2. Sex discrimination against men.

    3. 2A.“Discrimination on the grounds of gender reassignment.”

    4. 3. Discrimination against married persons and civil partners in employment field

    5. 3A.Discrimination on the ground of pregnancy or maternity leave

    6. 3B.Discrimination on the ground of pregnancy or maternity: goods, facilities, services or premises

    7. 4. Discrimination by way of victimisation.

    8. 4A.Harassment, including sexual harassment

    9. 5. Interpretation.

  3. Part II EMPLOYMENT FIELD

    1. Discrimination by employers

      1. 6.. . . applicants and employees.

      2. 6A.Exception relating to terms and conditions during maternity leave

      3. 7. Exception where sex is a genuine occupational qualification.

      4. 7A.“Corresponding exception relating to gender reassignment.”

      5. 7B.“Supplementary exceptions relating to gender reassignment.”

      6. 8. Equal Pay Act 1970.

      7. 9.. . . contract workers.

      8. 10. Meaning of employment at establishment in Great Britain.

    2. Discrimination against office-holders etc.

    3. 10A.Offices and posts to which section 10B applies

    4. 10B.Office-holders

    5. Discrimination by other bodies

      1. 11. Partnerships.

      2. 12. Trade unions etc.

      3. 13. Qualifying bodies.

      4. 14. Persons concerned with provision of vocational training.

      5. 15. Employment agencies.

      6. 16. Manpower Services Commission etc.

    6. Special case

      1. 17. Police.

      2. 18. Prison officers.

      3. 19. Ministers of religion etc.

      4. 20. Midwives.

    7. Relationships which have come to an end

      1. 20A.Relationships which have come to an end

      2. 21. Mineworkers.

      3. 21A.Public authorities

  4. Part III Discrimination in Other Fields

    1. Education

      1. 22.. . . Bodies in charge of educational establishments.

      2. 22A. Meaning of pupil in section 22.

      3. 23. Other discrimination by local education authorities.

      4. 23A. Discrimination by Further Education and Higher Education Funding Councils

      5. 23B. Discrimination by Scottish Further and Higher Education Funding Councils.

      6. 23BA.Discrimination by Scottish Further and Higher Education Funding Council

      7. 23C. Discrimination by Funding Agency for Schools or Schools Funding Council for Wales.

      8. 23D. Discrimination by Training and Development Agency for Schools.

      9. 24. Designated establishments.

      10. 25. General duty in public sector of education.

      11. 25A. General duty: post-16 education and training etc.

      12. 26. Exception for single-sex establishments.

      13. 27. Exception for single-sex establishments turning co-educational.

      14. 28. Exception for physical training.

    2. Goods, facilities, services and premises

      1. 29. Discrimination in provision of goods, facilities or services.

      2. 30. Discrimination in disposal or management of premises.

      3. 31. Discrimination: consent for assignment or sub-letting.

      4. 32. Exception for small dwellings.

      5. 33. Exception for political parties.

      6. 34. Exception for voluntary bodies.

      7. 35. Further exceptions from ss. 29(1) and 30.

      8. 35ZA.Excluded matters

    3. Barristers

      1. 35A.. . . Barristers.

    4. Advocates

      1. 35B.. . . Advocates.

    5. Relationships which have come to an end

      1. 35C.Relationships which have come to an end

    6. Extent

      1. 36. Extent of Part III.

  5. Part IV Other Unlawful Acts

    1. 37. Discriminatory practices.

    2. 38. Discriminatory advertisements.

    3. 39. Instructions to discriminate.

    4. 40. Pressure to discriminate.

    5. 41. Liability of employers and principals.

    6. 42. Aiding unlawful acts.

  6. Part V General Exceptions from Parts II to IV

    1. 42A. Selection of candidates

    2. 43. Charities.

    3. Sport etc.

    4. 45. Insurance etc.

    5. 46. Communal accommodation.

    6. 47. Discriminatory training by certain bodies.

    7. 48. Other discriminatory training etc.

    8. 49. Trade unions etc.: elective bodies.

    9. 50. Indirect access to benefits etc.

    10. 51. Acts done for purposes of protection of women.

    11. 51A. Acts done under statutory authority to be exempt from certain provisions of Part III.

    12. 52. Acts safeguarding national security.

    13. 52A. Construction of references to vocational training.

  7. Part VI Equal Opportunities Commission

    1. 53. Establishment and duties of Commission.

    2. 54. Research and education.

    3. 55. Review of discriminatory provisions in health and safety legislation.

    4. 56.(1) As soon as practicable after the end of each...

    5. Codes of practice

      1. 56A. Codes of practice.

    6. Investigations

      1. 57. Power to conduct formal investigations.

      2. 58. Terms of reference.

      3. 59. Power to obtain information.

      4. 60. Recommendations and reports on formal investigations.

      5. 61. Restriction on disclosure of information.

  8. Part VII Enforcement

    1. General

      1. 62. Restriction of proceedings for breach of Act.

    2. Enforcement in employment field

      1. 63. Jurisdiction of employment tribunals.

      2. 63A. Burden of proof: employment tribunals

      3. 64. Conciliation in employment cases.

      4. 65. Remedies on complaint under section 63.

    3. Enforcement of Part III

      1. 66. Claims under Part III.

      2. 66A. Burden of proof: county and sheriff courts

      3. 66B.National security

    4. Non-discrimination notices

      1. 67. Issue of non-discrimination notice.

      2. 68. Appeal against non-discrimination notice.

      3. 69. Investigation as to compliance with non-discrimination notice.

      4. 70. Register of non-discrimination notices.

    5. Other enforcement by Commission

      1. 71. Persistent discrimination.

      2. 72. Enforcement of ss. 38 to 40.

      3. 73. Preliminary action in employment cases.

    6. Help for persons suffering discrimination

      1. 74. Help for aggrieved persons in obtaining information etc.

      2. 75. Assistance by Commission.

    7. Period within which proceedings to be brought

      1. 76. Period within which proceedings to be brought.

  9. Part VIII Supplemental

    1. 76A.Public authorities: general statutory duty

    2. 76B.Specific duties

    3. 76C.Specific duties: Scotland

    4. 76D.Specific duties: enforcement

    5. 76E.Codes of practice

    6. 77. Validity and revision of contracts.

    7. 78. Educational charities in England and Wales.

    8. 79. Educational endowments etc. to which Part VI of the Education (Scotland) Act 1962 applies.

    9. 80. Power to amend certain provisions of Act.

    10. 81. Orders.

    11. 82. General interpretation provisions.

    12. 83. Transitional and commencement provisions, amendments and repeals.

    13. 84. Financial provisions.

    14. 85. Application to Crown.

    15. 85A. Application to House of Commons staff.

    16. 85B. Application to House of Lords staff.

    17. 86. Government appointments outside section 6.

    18. 87. Short title and extent.

  10. SCHEDULES

    1. SCHEDULE 1

      EQUAL PAY ACT 1970

      1. PART I AMENDMENTS OF ACT

        1. 1.(1) In section 1(6), paragraph (b) is repealed and the...

        2. 2.(1) The following is substituted for section 2(1)—

        3. 3.In section 6 the following is substituted for subsection (1)—...

        4. 4.Section 8 is repealed.

        5. 5.in section 9(1), the words “Except as provided by subsection...

        6. 6.(1) For references to an equal pay clause in each...

      2. PART II ACT AS AMENDED

        1. 1970 CHAPTER 41

          1. 1.(1) If the terms of a contract under which a...

          2. 2. Disputes as to, and enforcement of, requirement of equal treatment.

          3. 3. Collective agreements and pay structures.

          4. 4. Wages regulation orders.

          5. 5. Agricultural wages orders.

          6. 6. Exclusion from ss. 1 to 5 of pensions etc.

          7. 7. Service pay.

          8. 9. Commencement.

          9. 10. Preliminary references to Industrial Arbitration Board.

          10. 11. Short title, interpretation and extent.

    2. SCHEDULE 2

      Transitional Exemption Orders for Educational Admissions

      1. Public sector (England and Wales)

        1. 1.Where under section 35, 41 or 259 of the Education...

        2. 2.. . . . . . . . . ....

        3. 3.Regulations under section 485 of the Education Act 1996 may...

        4. 4.Regulations under section 218 of the Education Reform Act 1988...

        5. 4A.Where, under section 113A of the Learning and Skills Act...

      2. Private sector (England and Wales)

        1. 5.(1) In the case of an establishment in England and...

      3. Public and private sectors (Scotland)

        1. 6.Any application for a transitional exemption order made by the...

        2. 7.An application under paragraph 6 shall specify the transitional period...

        3. 8.The Secretary of State on any application under paragraph 6...

        4. 9.The Commission on any application under paragraph 6 may if...

    3. SCHEDULE 3

      1. Incorporation and status

        1. 1.On the appointment by the Secretary of State of the...

        2. 2.(1) The Commission is not an emanation of the Crown,...

      2. Tenure of office of Commissioners

        1. 3.(1) A Commissioner shall hold and vacate his office in...

      3. Tenure of office of chairman and deputy chairmen

        1. 4.(1) The chairman and each deputy chairman shall hold and...

      4. Remuneration of Commissioners

        1. 5.The Secretary of State may pay, or make such payments...

        2. 6.Where a person ceases to be a Commissioner otherwise than...

      5. Additional Commissioners

        1. 7.(1) Paragraphs 2(2), 3(1) and (6), and 6 shall apply...

      6. Staff

        1. 8.The Commission may, after consultation with the Secretary of State,...

        2. 9.(1) Employment with the Commission shall be included among the...

        3. 10.The Employers’ Liability (Compulsory Insurance) Act 1969 shall not require...

      7. Proceedings and business

        1. 11.(1) Subject to the provisions of this Act, the Commission...

        2. 12.The validity of any proceedings of the Commission shall not...

        3. 13.The quorum for meetings of the Commission shall in the...

      8. Finance

        1. 14.The Secretary of State shall pay to the Commission expenses...

        2. 15.(1) The accounting year of the Commission shall be the...

      9. Disqualification Acts

        1. 16.(1) In Part II of Schedule 1 to the House...

    4. SCHEDULE 4

      Transitional Provisions

      1. 1.Section 12 does not apply, as respects any organisation,—

      2. 2.Until 1st January 1978, section 12(2) does not apply to...

      3. 3.(1) Until a date specified by order made by the...

      4. 4.(1) If the responsible body for any educational establishment which...

      5. 5.(1) Section 6 of the Equal Pay Act 1970 (as...

    5. SCHEDULE 5

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. Factories Act 1961 (c. 34)

        1. 1.In section 15(2) (unfenced machinery : operations carried out by...

        2. 2.. . . . . . . . . ....

        3. 3.. . . . . . . . . ....

        4. 4.. . . . . . . . . ....

    6. SCHEDULE 6

      FURTHER REPEALS