Part 5Work

Chapter 3Equality of terms

Sex equality

70Exclusion of sex discrimination provisions

1

The relevant sex discrimination provision has no effect in relation to a term of A’s that—

a

is modified by, or included by virtue of, a sex equality clause or rule, or

b

would be so modified or included but for section 69 or Part 2 of Schedule 7.

2

Neither of the following is sex discrimination for the purposes of the relevant sex discrimination provision—

a

the inclusion in A’s terms of a term that is less favourable as referred to in section 66(2)(a);

b

the failure to include in A’s terms a corresponding term as referred to in section 66(2)(b).

3

The relevant sex discrimination provision is, in relation to work of a description given in the first column of the table, the provision referred to in the second column so far as relating to sex.

Description of work

Provision

Employment

Section 39(2)

Appointment to a personal office

Section 49(6)

Appointment to a public office

Section 50(6)