- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Employment Act 1989. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)Any provision of—
(a)an Act passed before the M1Sex Discrimination Act 1975, or
(b)an instrument approved or made by or under such an Act (including one approved or made after the passing of the 1975 Act),
shall be of no effect in so far as it imposes a requirement to do an act which would be rendered unlawful by any of the provisions of that Act referred to in subsection (2).
(2)Those provisions are—
(a)Part II (discrimination as respects employment);
(b)Part III (discrimination as respects education etc.) so far as it applies to vocational training; and
(c)Part IV (other unlawful acts) so far as it has effect in relation to the provisions mentioned in paragraphs (a) and (b) above.
(3)Where in any legal proceedings (of whatever nature) there falls to be determined the question whether subsection (1) operates to negative the effect of any provision in so far as it requires the application by any person of a [F1provision, criterion or practice] falling within [F2section 1(2)(b)(i) or 3(1)(b)(i)] of the 1975 Act (indirect discrimination on grounds of sex or marital status)—
(a)it shall be for any party to the proceedings who claims that subsection (1) does not so operate in relation to that provision to show the [F1provision, criterion or practice] in question to be justifiable as mentioned in [F3section 1(2)(b)(ii) or 3(1)(b)(ii) of that Act]; and
(b)the said [F4section 1(2)(b)(ii) or 3(1)(b)(ii)] shall accordingly have effect in relation to the [F1provision, criterion or practice] as if the reference to the person applying it were a reference to any such party to the proceedings.
(4)Where an Act passed after the 1975 Act, whether before or after the passing of this Act, re-enacts (with or without modification) a provision of an Act passed before the 1975 Act, that provision as re-enacted shall be treated for the purposes of subsection (1) as if it continued to be contained in an Act passed before the 1975 Act.
Modifications etc. (not altering text)
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Click 'View More' or select 'More Resources' tab for additional information including: