(1)In any circumstances relevant for the purposes of a provision to which this subsection applies, a person discriminates against a woman if he treats her less favourably—
(a)on the ground of her pregnancy, or
(b)within the period of 26 weeks beginning on the day on which she gives birth, on the ground that she has given birth.
(2)A person (P) is taken to discriminate against a woman on the ground of her pregnancy if—
(a)P refuses to provide her with goods, facilities or services because P thinks that providing them would, because of her pregnancy, create a risk to her health or safety, or
(b)P provides or offers to provide them on conditions intended to remove or reduce such a risk because P thinks that provision of them without the conditions would create such a risk.
(3)Subsection (2) does not apply if—
(a)it is reasonable for P to think as mentioned in paragraph (a) or (b), and
(b)P applies an equivalent policy.
(4)An equivalent policy is—
(a)for the purposes of subsection (2)(a), refusing to provide the goods, facilities or services to persons with other physical conditions because P thinks that to do so would, because of such physical conditions, create a risk to the health or safety of such persons;
(b)for the purposes of subsection (2)(b), imposing conditions on the provision of goods, facilities or services to such persons which are intended to remove or reduce the risk to their health or safety because P thinks that the provision without the conditions would create such a risk.
(5)Subsection (1) applies to sections 29 to 31, except in so far as they relate to an excluded matter.]]
Textual Amendments
F1S. 2A inserted (1.5.1999) by S.I. 1999/1102, reg. 2(1)