In any circumstances relevant for the purposes of any provision of this Act, other than a provision to which subsection (2) applies, a person discriminates against a woman if—
on the ground of her sex he treats her less favourably than he treats or would treat a man, or
he applies to her a requirement or condition which he applies or would apply equally to a man but—
which is such that the proportion of women who can comply with it is considerably smaller than the proportion of men who can comply with it, and
which he cannot show to be justifiable irrespective of the sex of the person to whom it is applied, and
which is to her detriment because she cannot comply with it.
In any circumstances relevant for the purposes of a provision to which this subsection applies, a person discriminates against a woman if—
on the ground of her sex, he treats her less favourably than he treats or would treat a man, or
he applies to her a provision, criterion or practice which he applies or would apply equally to a man, but—
which puts or would put women at a particular disadvantage when compared with men,
which puts her at that disadvantage, and
which he cannot show to be a proportionate means of achieving a legitimate aim.
Subsection (2) applies to—
any provision of Part 2,
sections 29 to 31, except in so far as they relate to an excluded matter,
sections 35A and 35B , and
any other provision of Part 3, so far as it applies to vocational training.
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