s 3A Indirect discrimination on the ground of sex
(1) In any circumstances relevant for the purposes of any provision of this Order, a person (“A”) discriminates against another person (“B”) if A applies to B a provision, criterion or practice which is discriminatory in relation to B’s sex. (2) For the purposes of paragraph (1), a provision, criterion or practice is discriminatory in relation to B’s sex, if – (a) A applies, or would apply, it to persons of a different sex, (b) it puts, or would put, persons of the same sex as B at a particular disadvantage when compared with persons of a different sex, (c) it puts, or would put, B at that disadvantage, and (d) A cannot show it to be a proportionate means of achieving a legitimate aim.