If you believe that you have been treated less favourably because of your gender, please contact one of our solicitors for advice.
The laws concerning sex discrimination (found in the Equality Act 2010) protect a wide range of individuals, including employees. They apply to most aspects of the employment relationship, including recruitment, promotions and dismissals.
Under the Equality Act 2010, an employer is not allowed to:
- Discriminate directly by treating a job applicant or employee less favourably than others because of sex.
- Discriminate indirectly by applying a provision, criterion or practice (PCP) that disadvantages job applicants or employees of one sex without a good reason.
- Subject a job applicant or employee to harassment related to sex, sexual harassment, or less favourable treatment because they reject or submit to harassment.
- Victimise a job applicant or employee because they have made or intend to make a sex discrimination complaint.
Sex discrimination is permitted in certain circumstances. For example:
- Where there is an occupational requirement (OR) for an employee to be of one sex.
- Positive action, but not positive discrimination, may be permitted to address existing inequalities.
If one employee discriminates against or harasses another, the employer will be liable unless it has taken reasonable steps to prevent such conduct from taking place. The offending employee may also be liable.
If a job applicant or employee is successful with a sex discrimination claim, an employment tribunal will generally make an award of compensation (including a sum for injury to feelings). The tribunal may also (or instead) make a declaration as to the parties' rights and/or make an appropriate recommendation.
