Part 2Discrimination on grounds of religion or belief
Key concepts
45Discrimination
1
A person (“A”) discriminates against another (“B”) for the purposes of this Part if on grounds of the religion or belief of B or of any other person except A (whether or not it is also A's religion or belief) A treats B less favourably than he treats or would treat others (in cases where there is no material difference in the relevant circumstances).
2
In subsection (1) a reference to a person's religion or belief includes a reference to a religion or belief to which he is thought to belong or subscribe.
3
A person (“A”) discriminates against another (“B”) for the purposes of this Part if A applies to B a provision, criterion or practice—
a
which he applies or would apply equally to persons not of B's religion or belief,
b
which puts persons of B's religion or belief at a disadvantage compared to some or all others (where there is no material difference in the relevant circumstances),
c
which puts B at a disadvantage compared to some or all persons who are not of his religion or belief (where there is no material difference in the relevant circumstances), and
d
which A cannot reasonably justify by reference to matters other than B's religion or belief.
4
A person (“A”) discriminates against another (“B”) if A treats B less favourably than he treats or would treat another and does so by reason of the fact that, or by reason of A's knowledge or suspicion that, B—
a
has brought or intended to bring, or intends to bring, proceedings under this Part,
b
has given or intended to give, or intends to give, evidence in proceedings under this Part,
c
has provided or intended to provide, or intends to provide, information in connection with proceedings under this Part,
d
has done or intended to do, or intends to do, any other thing under or in connection with this Part, or
e
has alleged or intended to allege, or intends to allege, that a person contravened this Part.
5
Subsection (4) does not apply where A's treatment of B relates to B's making or intending to make, not in good faith, a false allegation.