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UK - Revised Employment Policy for Women in the Army - Effect on the Royal Marines and Equality Act 2010

  • Country: United Kingdom
  • Law status: VOID
  • Law Type: Employment

The Revised Employment Policy for Women in the Army and Schedule 9, paragraph 4 of the United Kingdom’s Equality Act of 2010 allow for discrimination against women being employed in the Royal Marines.

Revised Employment Policy for Women in the Army - Effect on the Royal Marines

Paragraph 2(b). In a small corps, in times of crisis and manpower shortage, all Royal Marines must be capable at any time of serving at their rank and skill level in a commando unit . . . Employment of women in the Royal Marines will not allow for interoperability.

Equality Act 2010:

Section 39. (1) An employer (A) must not discriminate against a person (B)—
        (a) in the arrangements A makes for deciding to whom to offer employment . . .
        (c)by not offering B employment . . .

        (2) An employer (A) must not discriminate against an employee of A's (B) . . .
        (b) in the way A affords B access, or by not affording B access, to opportunities
        for promotion, transfer or training or for receiving any other benefit, facility
        or service . . .

Schedule 9 Paragraph 4: (1) A person does not contravene section 39(1)(a) or (c) or (2)(b) by applying in relation to service in the armed forces a relevant requirement if the person shows that the application is a proportionate means of ensuring the combat effectiveness of the armed forces. (2)A relevant requirement is—(a) a requirement to be a man . . .

Link to full law

Note:

Although the Sex Discrimination Act of 1975 was repealed by the Equality Act of 2010, the exception allowing for discrimination against women in the armed forces remains in schedule 9, paragraph 4 of the Equality Act.

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