bisexual person who is in a relationship with a same-sex partner. The requirement must be crucial to the job or role, and not merely one of several important factors. The job or role must be closely related to the purposes of the religion, and the application of the requirement must be proportionate. If you are an employment service provider, you may be able to say that a person must have a particular protected characteristic to do vocational training, if the training leads to work for which having that characteristic is an occupational requirement. If you are an educational establishment like a school or college, you may be able to say that someone has to be of a particular religion or belief, or must be a woman, to hold a particular post, including on promotion or transfer. If you are promoting or transferring someone within the civil, diplomatic, armed or security and intelligence services and some other public bodies, you can specify what nationality a person has to be. If you are promoting or transferring people who are serving in the armed forces, you may be able to exclude women and transsexual people if this is a proportionate way to ensure the combat effectiveness of the armed forces. In addition, age and disability are, in effect, not protected characteristics for service in the armed forces. There are more details of these exceptions in the Glossary. Good practice tips: using exceptions If someone disagrees with you and brings an Employment Tribunal claim, you may need to show why you thought an exception applied. When making the you’re decision: Look at the exceptions to see if they might apply to your situation or organisation. If you decide an exception does apply, keep a note of why you decided this. Tell people which exception you are using, for example, through any information you give staff about the training, development, promotion or transfer. Treating disabled people better than non-disabled people Equality law allows you to treat a disabled worker better or more favourably than – – a non-disabled worker. This can be done even if the disabled worker is not at a
bisexual person who is in a relationship with a same-sex partner. The requirement must be crucial to the job or role, and not merely one of several important factors. The job or role must be closely related to the purposes of the religion, and the application of the requirement must be proportionate. If you are an employment service provider, you may be able to say that a person must have a particular protected characteristic to do vocational training, if the training leads to work for which having that characteristic is an occupational requirement. If you are an educational establishment like a school or college, you may be able to say that someone has to be of a particular religion or belief, or must be a woman, to hold a particular post, including on promotion or transfer. If you are promoting or transferring someone within the civil, diplomatic, armed or security and intelligence services and some other public bodies, you can specify what nationality a person has to be. If you are promoting or transferring people who are serving in the armed forces, you may be able to exclude women and transsexual people if this is a proportionate way to ensure the combat effectiveness of the armed forces. In addition, age and disability are, in effect, not protected characteristics for service in the armed forces. There are more details of these exceptions in the Glossary. Good practice tips: using exceptions If someone disagrees with you and brings an Employment Tribunal claim, you may need to show why you thought an exception applied. When you’re making the decision: Look at the exceptions to see if they might apply to your situation or organisation. If you decide an exception does apply, keep a note of why you decided this. Tell people which exception you are using, for example, through any information you give staff about the training, development, promotion or transfer. Treating disabled people better than non-disabled people Equality law allows you to treat a disabled worker better – or more favourably – than a non-disabled worker. This can be done even if the disabled worker is not at a
what_equality_law_means_for_you_as_an_employer_-_training_and_development.docx