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Equality Act 2010, Cross Heading: Religious requirements relating to sex, marriage etc., sexual orientation is up to date with all changes known to be in force on or before 05 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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)
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