SCHEDULES

SCHEDULE 9Work: exceptions

Part 1Occupational requirements

General

1

1

A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to work a requirement to have a particular protected characteristic, if A shows that, having regard to the nature or context of the work—

a

it is an occupational requirement,

b

the application of the requirement is a proportionate means of achieving a legitimate aim, 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 41(1)(b);

c

section 44(1)(a) or (c) or (2)(b) or (c);

d

section 45(1)(a) or (c) or (2)(b) or (c);

e

section 49(3)(a) or (c) or (6)(b) or (c);

f

section 50(3)(a) or (c) or (6)(b) or (c);

g

section 51(1);

F1h

section 60A(1).

3

The references in sub-paragraph (1) to a requirement to have a protected characteristic are to be read—

a

in the case of gender reassignment, as references to a requirement not to be a transsexual person (and section 7(3) is accordingly to be ignored);

b

in the case of marriage and civil partnership, as references to a requirement not to be married or a civil partner (and section 8(2) is accordingly to be ignored).

4

In the case of a requirement to be of a particular sex, sub-paragraph (1) has effect as if in paragraph (c), the words from “(or” to the end were omitted.