Extending protection against unlawful sex discrimination in goods, facilities, services and premises

From 6 April 2008, the law will be amended to strengthen protection against discrimination on the grounds of sex, which includes gender reassignment, in the provision of – and access to – goods, facilities, services and premises.

The new rules do not affect businesses in their capacity as employers. They amend provisions of the Sex Discrimination Act 1975 and the Sex Discrimination (Northern Ireland) Order 1976 relating to the provision of and access to goods, facilities and services that currently apply to men and women. In particular they make it unlawful to directly or indirectly discriminate:

• against transsexual people on grounds of their gender reassignment
• on the ground of pregnancy
• on the ground of maternity, which is defined as a period of 26 weeks from the date of childbirth

As a business owner or manager in a sector that provides goods, facilities, services or premises, you must:

• make sure that you do not discriminate – directly or indirectly – against a person on the ground of their sex or gender reassignment
• not treat women less favourably because of their pregnancy or because they are within 26 weeks of having given birth
• not subject people to sexual harassment, sex harassment or gender reassignment harassment

You are advised to review your best practice policies to make sure they are gender neutral. For example, if you allow sub-letting of premises, you must not discriminate against a woman by withholding consents that would allow her to take a sub-lease.

Financial or insurance policies
You will only be allowed to charge men and women different premiums – or offer different benefits – if you can base any difference on relevant and accurate data. You must compile, publish and regularly update the data behind any gender-based differences in premiums and benefits.