Discrimination against married persons and civil partners in employment field5

1

In any circumstances relevant for the purposes of any provision of Part 3, a person discriminates against a person (“A”) who fulfils the condition in paragraph (2) if—

a

on the ground of the fulfilment of the condition, he treats A less favourably than he treats or would treat a person who does not fulfil the condition, or

b

he applies to A a provision, criterion or practice which he applies or would apply equally to a person who does not fulfil the condition, but—

i

which puts or would put persons fulfilling the condition at a particular disadvantage when compared with persons not fulfilling the condition, and

ii

which puts A at that disadvantage, and

iii

which he cannot show to be a proportionate means of achieving a legitimate aim.

2

The condition is that the person is—

a

married, or

b

a civil partner.

3

For the purposes of paragraph (1), a provision of Part 3 framed with reference to discrimination against women is to be treated as applying equally to the treatment of men, and for that purpose has effect with such modifications as are requisite.

Basis of comparison7

Each of the following comparisons, that is—

a

a comparison of the cases of persons of different sex under Article 3(1) or (2),

b

a comparison of the cases of persons required for the purposes of Article 4A, and

c

a comparison of the cases of persons who do and who do not fulfil the condition in Article 5(2),

must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.

i

by a married couple,

ii

by a couple who are civil partners of each other, or

iii

by a married couple or a couple who are civil partners of each other