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the job needs to be held by a man to preserve privacy or decency, or a role in a performance needs to be held by a woman for reasons of authenticity)

treatment at work (but note that claims relating to discrimination in contractual pay and benefits are brought under the EqPA)


Discrimination against non-employees and ex-employees

The SDA was amended in July 2003 to make it clear that discrimination against ex-employees is covered by the SDA, where the discrimination complained of is related to the previous employment.  Employees (and potential employees) have rights under the SDA whatever their length of employment and whatever hours they work.

The SDA also protects people who are not 'employees' in the sense required for some other employment rights, such as the right not to be unfairly dismissed.  It protects people engaged under a contract personally to execute work or labour.  Contract workers whose labour is supplied by their employer to another person (the principal) are protected against discrimination by the principal. Special provisions apply the SDA to police officers, who are office holders rather than employees.

There are special provisions prohibiting discrimination:

by firms against partners or potential partners

by trade unions and employers' organisations against members or potential members

by authorities or bodies in conferring authorisations or qualifications needed for, or facilitating engagement in, a particular profession or trade

by people providing vocational training

by employment agencies

by or in relation to barristers or advocates.

Part II of the SDA contains the provisions relating to discrimination in the employment field, except for the provisions about barristers, which are in Part III.

Discrimination in education

Co-educational schools, colleges and universities must not discriminate directly or indirectly on grounds of sex in the way they treat or admit students.  Single-sex schools may restrict their intake to boys or girls (with very limited exceptional admissions of pupils of the opposite sex). Single-sex schools which intend to change to co-educational admission can get approval for a limited exemption from the SDA during the transitional phase.

Local education authorities must not discriminate in carrying out their functions under the Education Acts.

Part III of the SDA contains the provisions relating to discrimination in education.

Discrimination in the provision of goods, facilities or services and premises

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