3Discrimination against married persons in employment field
(1)A person discriminates against a married person of either sex in any circumstances relevant for the purposes of any provision of Part II if—
(a)on the ground of his or her marital status he treats that person less favourably than he treats or would treat an unmarried person of the same sex, or
(b)he applies to that person a requirement or condition which he applies or would apply equally to an unmarried person but—
(i)which is such that the proportion of married persons who can comply with it is considerably smaller than the proportion of unmarried persons of the same sex who can comply with it, and
(ii)which he cannot show to be justifiable irrespective of the marital status of the person to whom it is applied, and
(iii)which is to that person's detriment because he cannot comply with it.
(2)For the purposes of subsection (1), a provision of Part II 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.