Section 19A

A person (A) discriminates against another (B) if— A applies to B a provision, criterion or practice, A also applies, or would apply, the provision, criterion or practice to— persons who share a relevant protected characteristic, and persons who do not share that relevant protected characteristic, B does not share that relevant protected characteristic, the provision, criterion or practice puts, or would put, persons with the relevant protected characteristic at a particular disadvantage when compared with persons who do not share the relevant protected characteristic, the provision, criterion or practice puts, or would put, B at substantively the same disadvantage as persons who do share the relevant protected characteristic, and A cannot show that the provision, criterion or practice is a proportionate means of achieving a legitimate aim. The relevant protected characteristics for the purposes of this section are— age; disability; gender reassignment; marriage and civil partnership; race; religion or belief; sex; sexual orientation.

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