Equality Act 2010 Explanatory Notes

Health and safety: paragraph 2

Effect

908.This paragraph is designed to ensure that it is not unlawful for an association to treat a pregnant woman differently in the terms on which she is admitted as a member or is given access to benefits as a member if the association reasonably believes that to do otherwise would create a risk to her health or safety and the association would take similar measures in respect of persons with other physical conditions. Equivalent provision is made in respect of associates and guests.

Background

909.Provisions making it unlawful for an association to discriminate against a pregnant woman have been introduced for the first time in this Act. The provisions in this paragraph, which are similar to those which apply in the provision of services to the public, are therefore also new.

Example

  • A private members’ gym may wish to restrict access to squash courts after a certain point in the pregnancy (for example, after 36 weeks).

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