In order to be able to invoke S.13 of the Sex Discrimination Act 1976, discrimination by a qualifying body, application for the qualification or authorisation has to be made
Dr King, a biomedical chemist, took a career break to care for her husband. When she wished to return to work she was not allowed to do so because by that time, pursuant to a statutory instrument, access to work as a biomedical scientist depended on registration of the worker by the Health Professions Council (“HPC”). Under the HPC rules she was required to prove that she had an "approved qualification". She could not satisfy this requirement as she did not possess any of the qualifications listed. She was deterred from applying when the HPC indicated in correspondence that it would not recognise her qualifications.