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.