Section 195 of the Act allows organisers to allow age banded competitions if doing so is needed to ensure fair competition and the safety of the competitors, compliance with the rules of a national or international competition or to facilitate an increase in participation within that activity.
Sex discrimination
Many sports are classed as “gender-affected activities”, with men’s and women’s competitions kept separate. This is allowed under the Act where the physical strength, stamina and physique of players are significant factors in determining success or failure. Where the “average person” of one sex is at a disadvantage compared to the average person of the other sex, single-sex sporting events are permitted and do not contravene the Act.
Race or nationality discrimination
The Act allows participants in competitive sporting events or activities to be selected on the grounds of their nationality, place of birth or based on the length of time they have been resident in a place or area. This is how the England national teams can be limited to only English players.
How the Act applies to employers
Whilst there are exemptions and defences available in the context of a sporting competition, they do not usually carry across to employers outside of a sporting context.
Employers could be exposed to discrimination claims if they treat employees differently based on nationality, but must also keep a watchful eye on the development of the sanctions regime.
Additional input by Rubymarie Rice and Francis Keepfer Pinsent Masons.