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Version date: 1 January 2016 - onwards
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68. Indirect discrimination for the purposes of this Part.

(1) For the purposes of this Part, indirect discrimination occurs where an apparently neutral rule of the scheme concerned would put persons (whether each of them is X or Y) who differ in a respect mentioned in section 66(2) at a particular disadvantage in respect of any of the discriminatory grounds compared with other persons, being members or prospective members of that scheme.

(2) Where indirect discrimination occurs, the rule of the scheme concerned shall be treated as being in breach of the principle of equal pension treatment in relation to the persons referred to in subsection (1) on the discriminatory ground in respect of which the disadvantage is claimed unless the rule is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

(3) In any proceedings statistics are admissible for the purpose of determining whether indirect discrimination has occurred.

 

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