Gender specific requirement

[Jon1289]

I am interested in an issue where as a sole trader driving instructor would I be able to advertise for a partner to join me as a franchisee (in other words remaining themselves as self employed) to be of a specific gender. For example because I am getting a lot of enquiries from prospective new female students for a female instructor could I Advertise just for a female to join my driving school. Have I satisfied an occupational requirement?

[charitynjw]

Hi & welcome to LB.

This driving school seem to do likewise.

Perhaps you could ring them for some advice?

[charitynjw]

And also

[ULA]

There are certain defined exceptions in the Equality Act 2010, known as occupational requirements. These, broadly, apply when a job can be performed effectively only by someone with a particular protected characteristic, e.g. either a man or a woman, a person of a specific racial or religious group etc.

To rely on the exception, your would need to show that, having regard to the nature or context of the job you are advertising, having the particular protected characteristic is an occupational requirement and that the application of the requirement is a proportionate means of achieving a legitimate end.

So effectively, if challenged, you would need to robustly defend that advertising for a female instructor for female students who feel “more comfortable” being taught by a female is a proportionate means of achieving a legitimate aim.