Part 2 s 29
(3)
Human Rights Act 1993
Version as at
1 July 2024
(a)
that treatment is accorded under clause 47 of Schedule 6 of the Educa‐
tion and Training Act 2020; or
(b)
the sole or principal duties of the position (not being a position to
which clause 47 of Schedule 6 of the Education and Training Act 2020
applies)—
(i)
are, or are substantially the same as, those of a clergyman, priest,
pastor, official, or teacher among adherents of that belief or other‐
wise involve the propagation of that belief; or
(ii)
are those of a teacher in a private school; or
(iii)
consist of acting as a social worker on behalf of an organisation
whose members comprise solely or principally adherents of that
belief.
Where a religious or ethical belief requires its adherents to follow a particular
practice, an employer must accommodate the practice so long as any adjust‐
ment of the employer’s activities required to accommodate the practice does
not unreasonably disrupt the employer’s activities.
Compare: 1977 No 49 s 15(6), (7)
Section 28(2)(a): amended, on 1 August 2020, by section 668 of the Education and Training Act
2020 (2020 No 38).
Section 28(2)(b): amended, on 1 August 2020, by section 668 of the Education and Training Act
2020 (2020 No 38).
29
Further exceptions in relation to disability
(1)
Nothing in section 22 shall prevent different treatment based on disability
where—
(a)
the position is such that the person could perform the duties of the
position satisfactorily only with the aid of special services or facilities
and it is not reasonable to expect the employer to provide those services
or facilities; or
(b)
the environment in which the duties of the position are to be performed
or the nature of those duties, or of some of them, is such that the person
could perform those duties only with a risk of harm to that person or to
others, including the risk of infecting others with an illness, and it is not
reasonable to take that risk.
(2)
Nothing in subsection (1)(b) shall apply if the employer could, without unrea‐
sonable disruption, take reasonable measures to reduce the risk to a normal
level.
(3)
Nothing in section 22 shall apply to terms of employment or conditions of
work that are set or varied after taking into account—
(a)
36
any special limitations that the disability of a person imposes on his or
her capacity to carry out the work; and