2(1)A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to employment a requirement to which sub-paragraph (4) applies if A shows that—E+W+S
(a)the employment is for the purposes of an organised religion,
(b)the application of the requirement engages the compliance or non-conflict principle, and
(c)the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it).
(2)The provisions are—
(a)section 39(1)(a) or (c) or (2)(b) or (c);
(b)section 49(3)(a) or (c) or (6)(b) or (c);
(c)section 50(3)(a) or (c) or (6)(b) or (c);
(d)section 51(1);
[F1(e)section 60A(1).]
(3)A person does not contravene section 53(1) or (2)(a) or (b) by applying in relation to a relevant qualification (within the meaning of that section) a requirement to which sub-paragraph (4) applies if the person shows that—
(a)the qualification is for the purposes of employment mentioned in sub-paragraph (1)(a), and
(b)the application of the requirement engages the compliance or non-conflict principle.
(4)This sub-paragraph applies to—
(a)a requirement to be of a particular sex;
(b)a requirement not to be a transsexual person;
(c)a requirement not to be married or a civil partner;
[F2(ca)a requirement not to be married to[F3, or the civil partner of,] a person of the same sex;]
[F4(cb)a requirement not to be the civil partner of a person of the opposite sex;]
(d)a requirement not to be married to, or the civil partner of, a person who has a living former spouse or civil partner;
(e)a requirement relating to circumstances in which a marriage or civil partnership came to an end;
(f)a requirement related to sexual orientation.
(5)The application of a requirement engages the compliance principle if the requirement is applied so as to comply with the doctrines of the religion.
(6)The application of a requirement engages the non-conflict principle if, because of the nature or context of the employment, the requirement is applied so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers.
(7)A reference to employment includes a reference to an appointment to a personal or public office.
(8)In the case of a requirement within sub-paragraph (4)(a), sub-paragraph (1) has effect as if in paragraph (c) the words from “(or” to the end were omitted.
Textual Amendments
F1Sch. 9 para. 2(2)(e) inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 4(6)(b)
F2Sch. 9 para. 2(4)(ca) inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 45; S.I. 2014/93, art. 3(k)(iv)
F3Words in Sch. 9 para. 2(4)(ca) inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 11(a)
F4Sch. 9 para. 2(4)(cb) inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 11(b)