Sex Discrimination (Gender Reassignment) Regulations 1999
1999 No. 1102
SEX DISCRIMINATION
The Sex Discrimination (Gender Reassignment) Regulations 1999
Made 25th March 1999
Laid before Parliament 9th April 1999
Coming into force 1st May 1999
The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 19721, in relation to measures to prevent discrimination on the grounds of sex in fields of pay and treatment in matters of employment, self-employment and vocational training2, in exercise of the powers conferred by that section, hereby makes the following Regulations:
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Sex Discrimination (Gender Reassignment) Regulations 1999.
(2) These Regulations shall come into force on 1st May 1999.
(3) These Regulations do not extend to Northern Ireland.
Discrimination on the grounds of gender reassignment
2.—(1) After section 2 of the Sex Discrimination Act 19753(“the 1975 Act”) there shall be inserted the following section—
““Discrimination on the grounds of gender reassignment.”
2A.—(1) A person (“A”) discriminates against another person (“B”) in any circumstances relevant for the purposes of—
(a)
(a) any provision of Part II,
(b)
(b) section 35A or 35B, or
(c)
(c) any other provision of Part III, so far as it applies to vocational training,
if he treats B less favourably than he treats or would treat other persons, and does so on the ground that B intends to undergo, is undergoing or has undergone gender reassignment.
(2) Subsection (3) applies to arrangements made by any person in relation to another’s absence from work or from vocational training.
(3) For the purposes of subsection (1), B is treated less favourably than others under such arrangements if, in the application of the arrangements to any absence due to B undergoing gender reassignment—
(a)
(a) he is treated less favourably than he would be if the absence was due to sickness or injury, or
(b)
(b) he is treated less favourably than he would be if the absence was due to some other cause and, having regard to the circumstances of the case, it is reasonable for him to be treated no less favourably.
(4) In subsections (2) and (3) “arrangements” includes terms, conditions or arrangements on which employment, a pupillage or tenancy or vocational training is offered.
(5) For the purposes of subsection (1), a provision mentioned in that subsection framed with reference to discrimination against women shall be treated as applying equally to the treatment of men with such modifications as are requisite.”
(2) In section 5(3) of the 1975 Act (interpretation) after the words “or 3(1)” there shall be inserted the words “, or a comparison of the cases of persons required for the purposes of section 2A,”.
(3) In section 82 of the 1975 Act (general interpretation provisions) in subsection (1) after the definition of “further education” there shall be inserted the following definition—
““gender reassignment” means a process which is undertaken under medical supervision for the purpose of reassigning a person’s sex by changing physiological or other characteristics of sex, and includes any part of such a process;”.
Discrimination in relation to pay, etc.
3.—(1) In section 6 of the 1975 Act (discrimination against applicants and employees), after subsection (7) there shall be inserted the following subsection—
“8 In its application to any discrimination falling within section 2A, this section shall have effect with the omission of subsections (4) to (6).”
(2) In section 8 of the 1975 Act (Equal Pay Act 1970) after subsection (6) there shall be inserted the following subsection—
“7 In its application to any discrimination falling within section 2A, this section shall have effect with the omission of subsections (3), (4) and (5)(b).”
Exceptions for genuine occupational qualifications
4.—(1) After section 7 of the 1975 Act (exception where sex is a genuine occupational qualification) there shall be inserted the following sections—
““Corresponding exception relating to gender reassignment.”
7A.—(1) In their application to discrimination falling within section 2A, subsections (1) and (2) of section 6 do not make unlawful an employer’s treatment of another person if—
(a)
(a) in relation to the employment in question—
(i) being a man is a genuine occupational qualification for the job, or
(ii) being a woman is a genuine occupational qualification for the job, and
(b)
(b) the employer can show that the treatment is reasonable in view of the circumstances described in the relevant paragraph of section 7(2) and any other relevant circumstances.
(2) In subsection (1) the reference to the employment in question is a reference—
(a)
(a) in relation to any paragraph of section 6(1), to the employment mentioned in that paragraph;
(b)
(b) in relation to section 6(2)—
(i) in its application to opportunities for promotion or transfer to any employment or for training for any employment, to that employment;
(ii) otherwise, to the employment in which the person discriminated against is employed or from which that person is dismissed.
(3) In determining for the purposes of subsection (1) whether being a man or being a woman is a genuine occupational qualification for a job, section 7(4) applies in relation to dismissal from employment as it applies in relation to the filling of a vacancy.
“Supplementary exceptions relating to gender reassignment.”
7B.—(1) In relation to discrimination falling within section 2A—
(a)
(a) section 6(1)(a) or (c) does not apply to any employment where there is a supplementary genuine occupational qualification for the job,
(b)
(b) section 6(2)(a) does not apply to a refusal or deliberate omission to afford access to opportunities for promotion or transfer to or training for such employment, and
(c)
(c) section 6(2)(b) does not apply to dismissing an employee from, or otherwise not allowing him to continue in, such employment.
(2) Subject to subsection (3), there is a supplementary genuine occupational qualification for a job only if—
(a)
(a) the job involves the holder of the job being liable to be called upon to perform intimate physical searches pursuant to statutory powers;
(b)
(b) the job is likely to involve the holder of the job doing his work, or living, in a private home and needs to be held otherwise than by a person who is undergoing or has undergone gender reassignment, because objection might reasonably be taken to allowing to such a person—
(i) the degree of physical or social contact with a person living in the home, or
(ii) the knowledge of intimate details of such a person’s life,
which is likely, because of the nature or circumstances of the job or of the home, to be allowed to, or available to, the holder of the job;
(c)
(c) the nature or location of the establishment makes it impracticable for the holder of the job to live elsewhere than in premises provided by the employer, and—
(i) the only such premises which are available for persons holding that kind of job are such that reasonable objection could be taken, for the purpose of preserving decency and privacy, to the holder of the job sharing accommodation and facilities with either sex whilst undergoing gender reassignment, and
(ii) it is not reasonable to expect the employer either to equip those premises with suitable accommodation or to make alternative arrangements; or
(d)
(d) the holder of the job provides vulnerable individuals with personal services promoting their welfare, or similar personal services, and in the reasonable view of the employer those services cannot be effectively provided by a person whilst that person is undergoing gender reassignment.
(3) Paragraphs (c) and (d) of subsection (2) apply only in...
To continue reading
Request your trial