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F1SR 2005/426
10A.—(1) In their application to discrimination falling within Article 4A, paragraphs (1) and (2) of Article 8 do not make unlawful an employer's treatment of another person if—
(a)in relation to the employment in question—
(i)being a man is a genuine occupational qualification for the job; or
(ii)being a woman is a genuine occupational qualification for the job; and
(b)the employer can show that the treatment is reasonable in view of the circumstances described in the relevant sub-paragraph of Article 10(2) and any other relevant circumstances.
(2) In paragraph (1) the reference to the employment in question is a reference—
(a)in relation to any sub-paragraph of Article 8(1), to the employment mentioned in that sub-paragraph;
(b)in relation to Article 8(2)—
(i)in its application to opportunities for promotion or transfer to any employment or for training for any employment, to that employment;
(ii)otherwise, to the employment in which the person discriminated against is employed or from which that person is dismissed.
(3) In determining for the purposes of paragraph (1) whether being a man or being a women is a genuine occupational qualification for a job, Article 10(4) applies in relation to dismissal from employment as it applies in relation to the filling of a vacancy.
[F3(4) Paragraph (1) does not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.]]