s 10A Corresponding exception relating to gender reassignment
(1) In their application to discrimination falling within Article 4A or 4B , paragraphs (1) and (2) of Article 8 do not make unlawful an employer's treatment of another person if— (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) the employer can show that the treatment is reasonable in view of the circumstances described in the relevant sub-paragraph of Article 10(2) and any other relevant circumstances. (2) In paragraph (1) the reference to the employment in question is a reference— (a) in relation to any sub-paragraph of Article 8(1), to the employment mentioned in that sub-paragraph; (b) in relation to Article 8(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 paragraph (1) whether being a man or being a women is a genuine occupational qualification for a job, Article 10(4) applies in relation to dismissal from employment as it applies in relation to the filling of a vacancy. (4) Paragraph (1) does not apply in relation to discrimination against a person whose gender has become the acquired gender under the Gender Recognition Act 2004.