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Exceptions

 

Under discrimination based on sex, race, sexual orientation and religion there are also some exceptions, where discriminating between members of these groups is allowed.

These are usually in areas where it makes sense to the job.
For example, where a job is in a single sex situation. Such as female only staff in a hospital ward with only female patients.

An employer can then claim that gender is a genuine occupational qualification. (This defence is not available if discrimination is based on marital status, or a persons terms of employment, or if a worker of another gender or race etc could legitimately do the job.)

The following groups do not have protection under some of the discrimination laws:

1. Workers employed wholly outside the UK, (except workers from EU member states).

2. Seamen recruited abroad or workers employed in private households (eg. butlers and nannies) cannot claim race discrimination. However, such workers do still have a right to claim victimisation.

3. Some Crown employees, (eg. office holders and crown ministers). Although office holders are covered by the sexual orientation and religion legislation.

4. Ministers of religion are not covered by the sex discrimination legislation.

Also discrimination may not be unlawful if it is done to safeguard national security or is done in pursuance of an Act of Parliament.

 

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