Occupational requirements and other exceptions

By Brightmine Editorial Team
Updating author: Tina McKevitt

Gain a clear understanding of the limited exceptions to the Equality Act 2010’s principle of non‑discrimination, including when a specific protected characteristic can be an occupational requirement.

Our guide explains the circumstances in which employers may lawfully rely on these exceptions—such as using positive action in recruitment or promotion—to ensure fair, compliant and effective HR decision‑making.

In this guide, learn about:

• Definition of employment
• Occupational requirements
  • Protected characteristics
  • Occupational requirements exception: limited to direct discrimination
  • Link between occupational requirement and work
  • Occupational requirements: examples from case law
• Religious requirements
  • Organised religions
  • Ethos based on religion or belief
• Other exceptions
  • National security
  • Armed forces
• Statutory authority
• Insurance contracts
• Positive action
  • General measures
  • Specific recruitment and promotion measures
• Employment under an illegal contract
• Remedies and penalties
  • Employment tribunal award of compensation
• Future developments

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