It is unlawful for an employer to discriminate against an employee on the grounds of their sex. If you believe that you have been the subject to sex discrimination, please contact one of our solicitors for advice.
The Sex Discrimination Act 1975 (SDA) applies to both men and women. It is also unlawful to discriminate against someone on the grounds of being married or a civil partner or on the grounds of gender reassignment.
Direct sex discrimination
Direct sex discrimination is where a person is or would be treated less favourably than another on the grounds of his or her sex. The test is:
• was the treatment less favourable than the treatment which was (or would be) accorded to a person of the opposite sex? and
• was the treatment less favourable because of the gender of the person involved?
Indirect discrimination
Indirect sex discrimination occurs where an employer applies a provision, criterion or practice (PCP) equally to women and men but the PCP:
• is such that it puts or would put one sex at a particular disadvantage when compared with the other sex; and
• puts the individual at that disadvantage; and
• the employer cannot show that it is a proportionate means of achieving a legitimate aim.
Objective justification will be shown if the PCP corresponds to a real need on the part of the employer, and is a proportionate means of achieving that objective.
Sexual Harassment
Sexual harassment and harassment on the ground of the complainant’s sex are unlawful.
Harassment is a distinct form of discrimination. There is no requirement for the complainant to show that they received less favourable treatment than someone of the opposite sex.
Sexual harassment is unwanted conduct which takes place on the ground of the complainant’s sex and has the purpose or effect of violating that person’s dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.
The Sex Discrimination Act also covers pregancy discrimination.
Victimisation
It is unlawful to treat a person less favourably because they have made allegations or brought proceedings under either the SDA or Equal Pay Act, or because they have helped another person to do so.
Exceptions to the Sex Discrimination Act
Being a woman or man can be a Genuine Occupational Requirement for a job. For instance, a woman or a man may be needed for authenticity, for a specific purpose such as a modelling or an acting role, or for reasons of privacy or decency.
Please contact one of our solicitors for further advice.
|
