Occupational Requirement
A narrow exception in the Equality Act 2010 allowing an employer to require a job applicant or worker to have a particular protected characteristic where this is a genuine and proportionate requirement for the role.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Discriminating on the basis of a protected characteristic when recruiting or employing staff is normally unlawful, but Schedule 9 to the Equality Act 2010 recognises that a handful of roles genuinely depend on the post-holder having a particular characteristic. Paragraph 1 provides that 'a person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to work a requirement to have a particular protected characteristic, if A shows that, having regard to the nature or context of the work' three conditions are met: 'it is an occupational requirement', its application 'is a proportionate means of achieving a legitimate aim', and the person to whom it is applied does not meet it.
The exception is deliberately narrow and fact-specific — it cannot be used as a blanket policy, only justified role by role against the genuine demands of that particular job. Classic examples include requiring an actor playing a specific character to share a protected characteristic for authenticity, or a counsellor for survivors of a particular kind of trauma to share the same sex as their clients, provided the employer can show the requirement is both genuinely occupational and a proportionate way of achieving a legitimate aim rather than a pretext for excluding people.
Related terms
Official sources
This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.