69 Defence of material factor
69 Defence of material factor
Equality Act 2010 | Legislation

(1)     The sex equality clause in A's terms has no effect in relation to a difference between A's terms and B's terms if the responsible person shows that the difference is because of a material factor reliance on which—

(a)     does not involve treating A less favourably because of A's sex than the responsible person treats B, and

(b)     if the factor is within subsection (2), is a proportionate means of achieving a legitimate aim.

(2)     A factor is within this subsection if A shows that, as a result of the factor, A and persons of the same sex doing

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