Section 3: Discrimination against married persons and civil partners in employment field

Sex Discrimination Act 1975 · 1975 c.65

This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.

Part I: Discrimination to Which Act Applies

REPEALED on 2010-10-01 by Equality Act 2010.

The text below is from the dated revised snapshot immediately preceding this status change. It is historical and is not current law. View the historical source.

3(1)

In any circumstances relevant for the purposes of any provision of Part 2, a person discriminates against a person (“A”) who fulfils the condition in subsection (2) if—

(a) on the ground of the fulfilment of the condition, he treats A less favourably than he treats or would treat a person who does not fulfil the condition, or

(b) he applies to A a provision, criterion or practice which he applies or would apply equally to a person who does not fulfil the condition, but—

(i) which puts or would put persons fulfilling the condition at a particular disadvantage when compared with persons not fulfilling the condition, and

(ii) which puts A at that disadvantage, and

(iii) which he cannot show to be a proportionate means of achieving a legitimate aim.

3(2)

The condition is that the person is—

(a) married, or

(b) a civil partner.

3(3)

For the purposes of subsection (1), a provision of Part 2 framed with reference to discrimination against women is to be treated as applying equally to the treatment of men, and for that purpose has effect with such modifications as are requisite.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.