1:-

(1) A person discriminates against a woman in any circumstances relevant for the purposes of any provision of this Act if -

(b) he applies to her a requirement or condition which applies or would apply equally to a man but -

(i) which is such that the proportion of women who can comply with it is considerably smaller than the proportion of men who can comply with it, and

(ii) which he cannot show to be justifiable irrespective of the sex of the person to whom it is applied, and

(iii) which is to her detriment because she cannot comply with it.

4

(1) 'A person ("the discriminator") discriminates against another person ("the person victimised") in any circumstances relevant for the purposes of any provision of this Act if he treats the person victimised less favourably than in those circumstances he treats or would treat other persons, and does so by reason that the person victimised has-

(a) brought proceedings against the discriminator or any other person under this Act or the Equal Pay Act 1970, or

(b) given evidence or information in connection with proceedings brought by any person against the discriminator or any other person under this Act or the Equal Pay Act 1970, or

(c) otherwise done anything under or by reference to this Act or the Equal Pay Act 1970 in relation to the discriminator or any other person, or

(d) alleged that the discriminator or any other person has committed an act which (whether or not the allegation so states) would amount to a contravention of this Act or give rise to a claim under the Equal Pay Act 1970,

or by reason that the discriminator knows the person victimised intends to do any of those things, or suspects the person victimised has done, or intends to do, any of them.

5 Interpretation

(3) A comparison of the cases of persons of different sex or marital status under section 1(1) . . . must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.

6

(1) It is unlawful for a person, in relation to employment by him at an establishment in Great Britain, to discriminate against a woman -

(a) in the arrangements he makes for the purpose of determining who should be offered that employment, or

(b) in the terms on which he offers her that employment, or

(c) by refusing or deliberately omitting to offer her that employment.'

(2) It is unlawful for a person, in the case of a woman employed by him at an establishment in Great Britain, to discriminate against her-

(a) in the way he affords her access to opportunities for promotion, transfer or training, or to any other benefits, facilities or services, or by refusing or deliberately omitting to afford her access to them, or

(b) by dismissing her, or subjecting her to any other detriment.

7 Exception where sex is a genuine occupational qualification

(1) In relation to sex discrimination -

a) section 6(1)(a) or (c) does not apply to any employment where being a man is a genuine occupational qualification for the job, . . .

(2) Being a man is a genuine occupational qualification for a job only where -

. . .

b) the job needs to be held by a man to preserve decency or privacy because -

i) it is likely to involve physical contact with men in circumstances where they might reasonably object to its being carried out by a woman, or

ii) the holder of the job is likely to do his work in circumstances where men might reasonably object to the presence of a woman because they are in a state of undress or are using sanitary facilities.

(2) "Parts II and IV apply to . . .

(a) service for purposes of a Minister of the Crown or government department, other than service of a person holding a statutory office, or

(b) service on behalf of the Crown for the purpose of a person holding a statutory office or purposes of a statutory body . . .

as they apply to employment by a private person, and shall so apply as if references to a contract of employment included references to the terms of service.