Version as at
1 July 2024
Human Rights Act 1993
Part 2 s 28
only by a person who is of a particular sex or religious or ethical belief,
or who is in a particular age group.
Compare: 1977 No 49 ss 15(9), 15A(1)(b); 1992 No 16 s 4
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Exceptions in relation to authenticity and privacy
(1)
Nothing in section 22 shall prevent different treatment based on sex or age
where, for reasons of authenticity, being of a particular sex or age is a genuine
occupational qualification for the position or employment.
(2)
Nothing in section 22 shall prevent different treatment based on sex, religious
or ethical belief, disability, age, political opinion, or sexual orientation where
the position is one of domestic employment in a private household.
(3)
Nothing in section 22 shall prevent different treatment based on sex where—
(a)
the position needs to be held by one sex to preserve reasonable standards
of privacy; or
(b)
the nature or location of the employment makes it impracticable for the
employee to live elsewhere than in premises provided by the employer,
and—
(i)
the only premises available (being premises in which more than
1 employee is required to sleep) are not equipped with separate
sleeping accommodation for each sex; and
(ii)
it is not reasonable to expect the employer to equip those premises
with separate accommodation, or to provide separate premises, for
each sex.
(4)
Nothing in section 22 shall prevent different treatment based on sex, race,
ethnic or national origins, or sexual orientation where the position is that of a
counsellor on highly personal matters such as sexual matters or the prevention
of violence.
(5)
Where, as a term or condition of employment, a position ordinarily obliges
or qualifies the holder of that position to live in premises provided by the
employer, the employer does not commit a breach of section 22 by omitting
to apply that term or condition in respect of employees of a particular sex or
marital status if in all the circumstances it is not reasonably practicable for the
employer to do so.
Compare: 1977 No 49 ss 15(3), 15A(1)(a); 1992 No 16 s 4
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Exceptions for purposes of religion
(1)
Nothing in section 22 shall prevent different treatment based on sex where the
position is for the purposes of an organised religion and is limited to one sex so
as to comply with the doctrines or rules or established customs of the religion.
(2)
Nothing in section 22 shall prevent different treatment based on religious or
ethical belief where—
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