5 Meaning of “discrimination”.U.K.
(1)For the purposes of this Part, an employer discriminates against a disabled person if—
(a)for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and
(b)he cannot show that the treatment in question is justified.
(2)For the purposes of this Part, an employer also discriminates against a disabled person if—
(a)he fails to comply with a section 6 duty imposed on him in relation to the disabled person; and
(b)he cannot show that his failure to comply with that duty is justified.
(3)Subject to subsection (5), for the purposes of subsection (1) treatment is justified if, but only if, the reason for it is both material to the circumstances of the particular case and substantial.
(4)For the purposes of subsection (2), failure to comply with a section 6 duty is justified if, but only if, the reason for the failure is both material to the circumstances of the particular case and substantial.
(5)If, in a case falling within subsection (1), the employer is under a section 6 duty in relation to the disabled person but fails without justification to comply with that duty, his treatment of that person cannot be justified under subsection (3) unless it would have been justified even if he had complied with the section 6 duty.
(6)Regulations may make provision, for purposes of this section, as to circumstances in which—
(a)treatment is to be taken to be justified;
(b)failure to comply with a section 6 duty is to be taken to be justified;
(c)treatment is to be taken not to be justified;
(d)failure to comply with a section 6 duty is to be taken not to be justified.
(7)Regulations under subsection (6) may, in particular—
(a)make provision by reference to the cost of affording any benefit; and
(b)in relation to benefits under occupational pension schemes, make provision with a view to enabling uniform rates of contributions to be maintained.
Modifications etc. (not altering text)
C1S. 5 modifed (E.W.) (2.3.1998 subject to art. 1(2) of the amending S.I.) by S.I. 1998/218, arts. 1(2), 3(1), Sch. (with art. 3(2)(b))
S. 5 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.
Commencement Information
I1S. 5 wholly in force at 2.12.1996; s. 5 not in force at Royal Assent see s. 70(3); s. 5(6)(7) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 5(6)(7) in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1); s. 5(1)-(5) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 5(1)-(5) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II