Schedule 9, Part 1, paragraph 1

A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to work a requirement to have a particular protected characteristic, if A shows that, having regard to the nature or context of the work— it is an occupational requirement, the application of the requirement is a proportionate means of achieving a legitimate aim, and the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it). The provisions are— section 39(1)(a) or (c) or (2)(b) or (c); section 41(1)(b); section 44(1)(a) or (c) or (2)(b) or (c); section 45(1)(a) or (c) or (2)(b) or (c); section 49(3)(a) or (c) or (6)(b) or (c); section 50(3)(a) or (c) or (6)(b) or (c); section 51(1); section 60A(1). The references in sub-paragraph (1) to a requirement to have a protected characteristic are to be read— in the case of gender reassignment, as references to a requirement not to be a transsexual person (and section 7(3) is accordingly to be ignored); in the case of marriage and civil partnership, as references to a requirement not to be married or a civil partner (and section 8(2) is accordingly to be ignored). In the case of a requirement to be of a particular sex, sub-paragraph (1) has effect as if in paragraph (c), the words from “(or” to the end were omitted.

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Source: legislation.gov.uk · retrieved 2026-09-04