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Sex Discrimination at Work

It is unlawful for an employer to discriminate on the basis of sex against an 'employee' or 'worker'. If you have been:

• offered a job on the basis of sex alone
• offered employment on detrimental terms on the basis of sex
• refused an employment offer on the basis of sex
• denied access to opportunities for promotion, training and other benefits on the basis of sex
• subjected to a detriment on the basis of sex
• dismissed on the basis of sex

Qualifications for bringing a sex discrimination claim

• To bring a claim of sex discrimination, Claimants need to demonstrate that they are or were an employee, or were applying for a job as an employee.
• Employee is defined more widely than is the case for unfair dismissal, namely somebody who works "under a contract of service or of apprenticeship or a contract personally to execute any work or labour". This definition therefore includes self-employed workers who are engaged personally to carry out a job, in addition to conventional employees.
• There is no qualifying period of employment required to bring a claim.

Who is protected?

Claims can only be presented to an Employment Tribunal by an employee or worker who has been discriminated against on one of a number of prescribed grounds relating to sex, namely:

• Gender: If a woman is treated less favourably than a man on grounds of her gender it will amount to discrimination. Likewise, if a man is treated less favourably than a woman on grounds of his gender, that will also amount to discrimination.
• Gender reassignment: It is discriminatory to treat a person less favourably on the grounds that they have undergone (or are undergoing) treatment for gender reassignment. This specifically includes denying somebody a period of absence to undergo a treatment if they would have been permitted a period of absence if ill or injured.
• Marriage: It is discriminatory to treat a married person (whether male or female) less favourably than a single person.
• Homosexuality: see Lawson-West's Discrimination on the basis of Sexual Orientation Page.

Types of discrimination

Employment law recognizes two different concepts of discrimination: direct and indirect.

Direct discrimination is treating somebody less favourably because of their sex.

Indirect discrimination involves imposing a condition or requirement that a considerably smaller proportion of persons of a certain sex will be ale to comply with. Unless the employer can objectively justify the requirement, the imposing of the provision may amount to sex discrimination.

Victimization is in effect a third type of discrimination. A person is discriminated against if he is treated less favourably because he or she has brought proceedings in the past in relation to a discrimination claim, or provided evidence or information in connection with such a claim, or alleged that the employer (or a third party) has done an act which would amount to a breach of discrimination legislation.

The Regulations also provide for 'vicarious liability' provisions, making an employer responsible for anything done by a person in the course of his/her employment and for ensuring that if a person knowingly aids another person to do an unlawful act they are both treated as doing that act.

Remedies

• If an employee or worker has been the victim of unlawful discrimination, an Employment Tribunal has the power to order the payment of compensation. The award normally comprises two elements: injury to feelings and loss of earnings. In addition, Tribunals have jurisdiction to award damages for personal injury.
• In addition to ordering compensation, Tribunals are able to make an order declaring the rights of the affected individual and make a recommendation that the employer takes, within a specified period.

If you think you have been subject to discrimination at work on the basis of sex, please phone Lara Scott on 0116 212 1000 or complete the form below. Lawson-West offer free initial consultations so it won't cost you a penny to find out if you have a claim.

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