Occupational requirement

Test the duties of this role

Schedule 9 of the Equality Act 2010 allows a Great Britain employer to apply a requirement related to a protected characteristic where, having regard to the nature or context of the work, it is an occupational requirement, applying it is a proportionate means of achieving a legitimate aim, and the person does not meet it.

That is a narrow, role-specific test. Customer preference, tradition, team balance or a general assumption about who performs work best is not enough. Identify the actual duty and why it cannot reasonably be performed without the characteristic.

Use the least restrictive approach

Consider changes to allocation, facilities, supervision or working arrangements. The employer must be able to show why the requirement is proportionate, not merely convenient. Apply it only to the posts and circumstances that satisfy the test, and reassess it when the role changes.

The exception does not permit broader discrimination in pay, treatment or unrelated job criteria. Keep the evidence with the recruitment decision and make the wording precise enough for applicants to understand.

Distinguish it from positive action

An occupational requirement says a characteristic is genuinely necessary for a role. Positive action addresses evidenced disadvantage, different needs or low participation and does not normally make the characteristic a job condition. Neither is permission for an automatic preference.

Northern Ireland has separate, ground-specific provisions. ECNI's current genuine occupational requirement guidance says the exception applies only to the specific job and must meet strict criteria. GOR and older GOQ wording help discovery but are not aliases for the Great Britain test. Obtain jurisdiction-specific advice before placing a characteristic requirement in a job offer or advert.