The Sex Discrimination (Amendment of Legislation) Regulations 2008

Pregnancy and maternity

3.—(1) After Article 5A(1) (discrimination on the ground of pregnancy or maternity leave) insert—

“Discrimination on the ground of pregnancy or maternity: goods, facilities, services or premises

5B.— (1) In any circumstances relevant for the purposes of a provision to which this paragraph 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) Paragraph (2) does not apply if—

(a) it is reasonable for P to think as mentioned in paragraph (2)(a) or (b), and

(b) P applies an equivalent policy.

(4) An equivalent policy is—

(a) for the purposes of paragraph (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 paragraph (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) Paragraph (1) applies to Articles 30 to 32, except in so far as they relate to an excluded matter.”.

(2) In Article 2 (interpretation), paragraph (7)(b)(2), for “or 5A” substitute “, 5A or 5B”.

(1)

Article 5A was inserted by S.R.2005 No. 426.

(2)

Article 2(7)(b) was amended by S.R 2005 No. 426.