|
| |
| |
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(1) | Religion means any religion and a reference to religion includes a reference to |
| |
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(2) | Belief means any religious or philosophical belief and a reference to belief |
| |
includes a reference to a lack of belief. |
| 5 |
(3) | In relation to the protected characteristic of religion or belief— |
| |
(a) | a reference to a person who has a particular protected characteristic is |
| |
a reference to a person of a particular religion or belief; |
| |
(b) | a reference to persons who share a protected characteristic is a reference |
| |
to persons who are of the same religion or belief. |
| 10 |
| |
In relation to the protected characteristic of sex— |
| |
(a) | a reference to a person who has a particular protected characteristic is |
| |
a reference to a man or to a woman; |
| |
(b) | a reference to persons who share a protected characteristic is a reference |
| 15 |
to persons of the same sex. |
| |
| |
(1) | Sexual orientation means a person’s sexual orientation towards— |
| |
(a) | persons of the same sex, |
| |
(b) | persons of the opposite sex, or |
| 20 |
(c) | persons of either sex. |
| |
(2) | In relation to the protected characteristic of sexual orientation— |
| |
(a) | a reference to a person who has a particular protected characteristic is |
| |
a reference to a person who is of a particular sexual orientation; |
| |
(b) | a reference to persons who share a protected characteristic is a reference |
| 25 |
to persons who are of the same sexual orientation. |
| |
| |
| |
| |
| 30 |
(1) | A person (A) discriminates against another (B) if, because of a protected |
| |
characteristic, A treats B less favourably than A treats or would treat others. |
| |
(2) | If the protected characteristic is age, A does not discriminate against B if A can |
| |
show A’s treatment of B to be a proportionate means of achieving a legitimate |
| |
| 35 |
(3) | If the protected characteristic is disability, A does not discriminate against B |
| |
| |
(a) | A treats a third person who has a disability in a way which is permitted |
| |
| |
| |
| |
|
| |
| |
(b) | B does not have the disability, and |
| |
(c) | A does not treat B in that way. |
| |
(4) | If the protected characteristic is marriage and civil partnership, this section |
| |
applies to a contravention of Part 5 (work) only if the treatment is because B is |
| |
married or a civil partner. |
| 5 |
(5) | If the protected characteristic is race, less favourable treatment includes |
| |
segregating B from others. |
| |
(6) | If the protected characteristic is religion or belief, it does not matter whether |
| |
the religion or belief is also A’s. |
| |
(7) | If the protected characteristic is sex— |
| 10 |
(a) | less favourable treatment of a woman includes less favourable |
| |
treatment of her because she is breast-feeding; |
| |
(b) | in a case where B is a man, no account is to be taken of special treatment |
| |
afforded to a woman in connection with pregnancy or childbirth. |
| |
(8) | Subsection (7)(a) does not apply for the purposes of Part 5 (work). |
| 15 |
(9) | This section is subject to sections 17(6) and 18(7). |
| |
14 | Combined discrimination: dual characteristics |
| |
(1) | A person (A) also discriminates against another (B) if, because of a combination |
| |
of two relevant protected characteristics, A treats B less favourably than A |
| |
treats or would treat a person who does not share either of those |
| 20 |
| |
(2) | The relevant protected characteristics are— |
| |
| |
| |
| 25 |
| |
| |
| |
| |
(3) | A does not discriminate against B by virtue of subsection (1) if, in consequence |
| 30 |
of another provision of this Act, A’s treatment of B is not a relevant |
| |
| |
(4) | A relevant contravention is a contravention of this Act by virtue of section 13 |
| |
because of one of the characteristics in the combination. |
| |
(5) | For the purpose of establishing a contravention of this Act by virtue of |
| 35 |
subsection (1), it does not matter whether, in relation to either of the |
| |
characteristics in the combination, there is sufficient evidence to justify a |
| |
finding that there has been a relevant contravention. |
| |
(6) | Proceedings relating to a contravention of this Act by virtue of subsection (1) |
| |
may not be brought if subsection (7) applies. |
| 40 |
(7) | This subsection applies if— |
| |
| |
| |
|
| |
| |
(a) | a provision of an enactment (including this Act) requires, in |
| |
circumstances to which the provision applies, proceedings relating to a |
| |
relevant contravention to be brought in a specified court, and |
| |
(b) | in those circumstances, the court does not have jurisdiction to |
| |
determine a claim relating to a relevant contravention involving the |
| 5 |
other characteristic in the combination. |
| |
(8) | A Minister of the Crown may by order specify other circumstances in which |
| |
proceedings relating to a contravention of this Act by virtue of subsection (1) |
| |
may not be brought; and an order under this subsection may amend this |
| |
| 10 |
(9) | The reference to a court includes a reference to a tribunal and the reference to |
| |
a claim includes a reference to a complaint. |
| |
15 | Discrimination arising from disability |
| |
(1) | A person (A) discriminates against a disabled person (B) if— |
| |
(a) | A treats B in a particular way, |
| 15 |
(b) | because of B’s disability, the treatment amounts to a detriment, and |
| |
(c) | A cannot show that the treatment is a proportionate means of achieving |
| |
| |
(2) | Subsection (1) does not apply if A shows that A did not know, and could not |
| |
reasonably have been expected to know, that B had the disability. |
| 20 |
(3) | It does not matter whether A has complied with a duty to make reasonable |
| |
adjustments in relation to B. |
| |
16 | Gender reassignment discrimination: cases of absence from work |
| |
(1) | This section has effect for the purposes of the application of Part 5 (work) to the |
| |
protected characteristic of gender reassignment. |
| 25 |
(2) | A person (A) discriminates against a transsexual person (B) if, in relation to an |
| |
absence of B’s that is because of gender reassignment, A treats B less |
| |
favourably than A would treat B if— |
| |
(a) | B’s absence was because of sickness or injury, or |
| |
(b) | B’s absence was for some other reason and it is not reasonable for B to |
| 30 |
be treated less favourably. |
| |
(3) | A person’s absence is because of gender reassignment if it is because the |
| |
person is proposing to undergo, is undergoing or has undergone the process |
| |
(or part of the process) mentioned in section 7(1). |
| |
17 | Pregnancy and maternity discrimination: non-work cases |
| 35 |
(1) | This section has effect for the purposes of the application to the protected |
| |
characteristic of pregnancy and maternity of— |
| |
(a) | Part 3 (services and public functions); |
| |
| |
(c) | Chapter 2 of Part 6 (further or higher education); |
| 40 |
(d) | Part 7 (associations). |
| |
| |
| |
|
| |
| |
(2) | A person (A) discriminates against a woman if A treats her unfavourably |
| |
because of a pregnancy of hers. |
| |
(3) | A person (A) discriminates against a woman if, in the period of 26 weeks |
| |
beginning with the day on which she gives birth, A treats her unfavourably |
| |
because she has given birth. |
| 5 |
(4) | The reference in subsection (3) to treating a woman unfavourably because she |
| |
has given birth includes, in particular, a reference to treating her unfavourably |
| |
because she is breast-feeding. |
| |
(5) | For the purposes of this section, the day on which a woman gives birth is the |
| |
| 10 |
(a) | she gives birth to a living child, or |
| |
(b) | she gives birth to a dead child (more than 24 weeks of the pregnancy |
| |
| |
(6) | Section 13, so far as relating to sex discrimination, does not apply to anything |
| |
done in relation to a woman in so far as— |
| 15 |
(a) | it is for the reason mentioned in subsection (2), or |
| |
(b) | it is in the period, and for the reason, mentioned in subsection (3). |
| |
18 | Pregnancy and maternity discrimination: work cases |
| |
(1) | This section has effect for the purposes of the application of Part 5 (work) to the |
| |
protected characteristic of pregnancy and maternity. |
| 20 |
(2) | A person (A) discriminates against a woman if, in the protected period in |
| |
relation to a pregnancy of hers, A treats her unfavourably — |
| |
(a) | because of the pregnancy, or |
| |
(b) | because of illness suffered by her as a result of it. |
| |
(3) | A person (A) discriminates against a woman if A treats her unfavourably |
| 25 |
because she is on compulsory maternity leave. |
| |
(4) | A person (A) discriminates against a woman if A treats her unfavourably |
| |
because she is exercising or seeking to exercise, or has exercised or sought to |
| |
exercise, the right to ordinary or additional maternity leave. |
| |
(5) | For the purposes of subsection (2), if the treatment of a woman is in |
| 30 |
implementation of a decision taken in the protected period, the treatment is to |
| |
be regarded as occurring in that period (even if the implementation is not until |
| |
after the end of that period). |
| |
(6) | The protected period, in relation to a woman’s pregnancy, begins when the |
| |
pregnancy begins, and ends— |
| 35 |
(a) | if she has the right to ordinary and additional maternity leave, at the |
| |
end of the additional maternity leave period or (if earlier) when she |
| |
returns to work after the pregnancy; |
| |
(b) | if she does not have that right, at the end of the period of 2 weeks |
| |
beginning with the end of the pregnancy. |
| 40 |
(7) | Section 13, so far as relating to sex discrimination, does not apply to treatment |
| |
| |
(a) | it is in the protected period in relation to her and is for a reason |
| |
mentioned in paragraph (a) or (b) of subsection (2), or |
| |
(b) | it is for a reason mentioned in subsection (3) or (4). |
| 45 |
| |
| |
|
