Clause 64
Equality Bill
11:15 am
Joe Benton (Bootle, Labour)
With this it will be convenient to discuss new clause 25—Defence of material factor (No. 2)—
‘(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—
(a) which does not constitute discrimination because of sex within the meaning of section 13, and
(b) which is within subsection (2).
(2) A factor is within this subsection if—
(a) as a result of the factor, A and persons of the same sex as A are or would be put at a particular disadvantage when compared with persons of the opposite sex, but
(b) the responsible person shows that relying on the factor is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
(3) A sex equality rule has no effect in relation to a difference between A and B in the effect of a relevant matter if the trustees or managers of the scheme in question show that the difference is because of a material factor which—
(a) does not constitute discrimination because of sex within the meaning of section 13 and
(b) which is within subsection (2).
(4) “Relevant matter” has the meaning given in section 62.
(5) For the purposes of this section, a factor is not material unless it is a material difference between A’s case and B’s.’.