Section 159(4)

But subsection (2) applies only if— A is as qualified as B to be recruited or promoted, P does not have a policy of treating persons who share the protected characteristic more favourably in connection with recruitment or promotion than persons who do not share it, and taking the action in question is a proportionate means of achieving the aim referred to in subsection (2).

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