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Equality Act 2010

Equality Act 2010 Sch 9 para 2

Sch 9 para 2

(1) A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to employment a requirement to which sub-paragraph (4) applies if A shows that— (a) the employment is for the purposes of an organised religion, (b) the application of the requirement engages the compliance or non-conflict principle, and (c) the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it). (2) The provisions are— (a) section 39(1)(a) or (c) or (2)(b) or (c); (b) section 49(3)(a) or (c) or (6)(b) or (c); (c) section 50(3)(a) or (c) or (6)(b) or (c); (d) section 51(1); (e) section 60A(1). (3) A person does not contravene section 53(1) or (2)(a) or (b) by applying in relation to a relevant qualification (within the meaning of that section) a requirement to which sub-paragraph (4) applies if the person shows that— (a) the qualification is for the purposes of employment mentioned in sub-paragraph (1)(a), and (b) the application of the requirement engages the compliance or non-conflict principle. (4) This sub-paragraph applies to— (a) a requirement to be of a particular sex; (b) a requirement not to be a transsexual person; (c) a requirement not to be married or a civil partner; (ca) a requirement not to be married to , or the civil partner of, a person of the same sex; (cb) a requirement not to be the civil partner of a person of the opposite sex; (d) a requirement not to be married to, or the civil partner of, a person who has a living former spouse or civil partner; (e) a requirement relating to circumstances in which a marriage or civil partnership came to an end; (f) a requirement related to sexual orientation. (5) The application of a requirement engages the compliance principle if the requirement is applied so as to comply with the doctrines of the religion. (6) The application of a requirement engages the non-conflict principle if, because of the nature or context of the employment, the requirement is applied so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers. (7) A reference to employment includes a reference to an appointment to a personal or public office. (8) In the case of a requirement within sub-paragraph (4)(a), sub-paragraph (1) has effect as if in paragraph (c) the words from “(or” to the end were omitted.

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