Discrimination on grounds of sexual orientation3

1

For the purposes of these Regulations, a person (“A”) discriminates against another (“B”) if, on grounds of the sexual orientation of B or any other person except A, A treats B less favourably than he treats or would treat others (in cases where there is no material difference in the relevant circumstances).

2

In paragraph (1) a reference to a person’s sexual orientation includes a reference to a sexual orientation which he is thought to have.

3

For the purposes of these Regulations, a person (“A”) discriminates against another (“B”) if A applies to B a provision, criterion or practice—

a

which he applies or would apply equally to persons not of B’s sexual orientation,

b

which puts persons of B’s sexual orientation at a disadvantage compared to some or all others (where there is no material difference in the relevant circumstances),

c

which puts B at a disadvantage compared to some or all persons who are not of his sexual orientation (where there is no material difference in the relevant circumstances), and

d

which A cannot reasonably justify by reference to matters other than B’s sexual orientation.

4

For the purposes of paragraphs (1) and (3), the fact that one of the persons (whether or not B) is a civil partner while the other is married shall not be treated as a material difference in the relevant circumstances.

5

A person (“A”) discriminates against another (“B”) if A treats B less favourably than he treats or would treat another and does so by reason of the fact that, or by reason of A’s knowledge or suspicion that, B—

a

has brought or intended to bring, or intends to bring, proceedings under these Regulations,

b

has given or intended to give, or intends to give, evidence in proceedings under these Regulations,

c

has provided or intended to provide, or intends to provide, information in connection with proceedings under these Regulations,

d

has done or intended to do, or intends to do, any other thing under or in connection with these Regulations, or

e

has alleged or intended to allege, or intends to allege, that a person has contravened these Regulations.

6

Paragraph (5) does not apply where A’s treatment of B relates to B’s—

a

making or intending to make, not in good faith, a false allegation; or

b

giving or intending to give, not in good faith, false information or evidence.