(1) Without prejudice to its obligations as an employer, an employment agency shall not discriminate against any person -

(a) who seeks the services of the agency to obtain employment with another person, or

(b) who seeks from the agency guidance as to a career or any other service (including training) related to the employment of that person.

(2) Subsection (1) does not apply to the extent that the employment in question is such that an employer could lawfully refuse to offer it to the person concerned.

(3) An employment agency shall not be under any liability under this section if it proves -

(a) that it acted in reliance on a statement made to it by the employer concerned to the effect that, by reason of the operation of subsection (2), its action would not be unlawful, and

(b) that it was reasonable for it to rely on the statement.

(4) An employer who, with a view to obtaining the services of an employment agency, knowingly makes such a statement as is referred to in subsection (3)(a) which is false or misleading in a material respect shall be guilty of an offence.