Where the essential nature of the job calls for a person of that sex for reasons of physiology (excluding physical strength or stamina) or, in dramatic performances or other entertainment, for reasons of authenticity.
Where the job needs to be held by a person of that sex to preserve decency or privacy because of likely physical contact or because people are likely to be in a state of undress or using sanitary facilities.
Where the work is done at a single sex hospital, prison or other establishment for persons requiring special care, supervision or attention and it is reasonable, having regard to the essential character of the establishment, that the job should not be held by a person of the opposite sex.
Where the job involves providing personal services to individuals promoting their welfare or education, or similar personal services, which can most effectively be provided by someone of that sex.
Where the job needs to be held by someone of that sex because it is likely to involve working outside the UK in a country whose laws or customs are such that the duties could not, or could not effectively, be performed by someone of the opposite sex.
When will Section 29 of the SDA not apply to public authorities providing goods, facilities and services?
Section 29 of the SDA applies only to those services or facilities which are of a similar kind to those which might be provided by a private person. For example: Transport, as both public and private organisations provide this service; Health services which can be provided by both the NHS and the private sector.
Section 29 of the SDA does not apply to acts done on behalf of the Crown (public functions) as these are considered to be different from those which could be done by a private person. For example most social security and immigration matters are not likely to be able to be provided by a private person or organisation.
When will Section 21A of the SDA not apply?
There will, however, be a number of exceptions to section 21A of the SDA which will allow women and men, in certain circumstances, to be treated differently. These include services provided by the House of Commons, the House of Lords, and various security agencies.
Public authorities involved in preparing, making or considering Acts of Parliament, or in preparing, making, confirming, approving or considering other legislation.
Actions by public authorities which are necessary for the purpose of complying with a requirement of an Act of Parliament or other legislation.
Judicial functions and decisions not to start or continue criminal proceedings will not be covered.