Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

Exception for genuine occupational requirement etc N.I.

8.—(1) In relation to discrimination falling within regulation 3 (discrimination on grounds of sexual orientation) –

(a) regulation 6(1)(a) or (c) does not apply to any employment;

(b) regulation 6(2)(b) or (c) does not apply to promotion or transfer to, or training for, any employment; and

(c) regulation 6(2)(d) does not apply to dismissal from any employment,

where paragraph (2) or (3) applies.

(2) This paragraph applies where, having regard to the nature of the employment or the context in which it is carried out –

(a) being of a particular sexual orientation is a genuine and determining occupational requirement;

(b) it is proportionate to apply that requirement in the particular case; and

(c) either –

(i) the person to whom that requirement is applied does not meet it, or

(ii) the employer is not satisfied, and in all the circumstances it is reasonable for him not to be satisfied, that that person meets it,

and this paragraph applies whether or not the employment is for purposes of an organised religion.

(3) This paragraph applies where –

(a) the employment is for purposes of an organised religion;

(b) the employer applies a requirement related to sexual orientation –

(i) so as to comply with the doctrines of the religion, or

(ii) because of the nature of the employment and the context in which it is carried out, so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion’s followers; and

(c) either –

(i) the person to whom that requirement is applied does not meet it, or

(ii) the employer is not satisfied, and in all the circumstances it is reasonable for him not to be satisfied, that that person meets it.

[F1 (4) In paragraph (3)(b) “a requirement related to sexual orientation” includes (without prejudice to the generality of that expression)—

(a) a requirement not to be married to, or the civil partner of, a person of the same sex; and

(b) a requirement not to be the civil partner of a person of the opposite sex.]

Textual Amendments

F1 Reg. 8(4) inserted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 42

Commencement Information

I1 Reg. 8 in operation at 2.12.2003, see reg. 1