What is sex discrimination at work?

Sex discrimination describes a situation where a person or group is treated differently or unfairly due to their sex. There is a misconception that sex discrimination almost always means a woman being paid less than a man for the same job, however there are many men who are also subjected to sex discrimination in the workplace. For example, paternity leave is often seen as less important or treated less favourably than maternity leave, it can sometimes be discouraged or even frowned upon.

Sex discrimination can happen to anyone in any circumstance and can have serious consequences, not only for the victim’s career, but for their wellbeing too. If you believe you’ve been a victim of discrimination because of your sex, speak to one of our compassionate solicitors today.

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Is sex discrimination covered in employment law?

Under the Equality Act 2010, sex is one of nine protected characteristics (alongside age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, and sexual orientation). It means that it is illegal to treat someone differently or unfairly based on their sex.

Employers have an obligation to ensure that their employees have a safe place to work, and that includes safeguarding individuals for unfair or disrespectful behaviour. Breaching this duty, whether through negligence or active discrimination, could mean that the employer may be found liable at an employment tribunal.

What are examples of sexual discrimination in work?

While all forms of sex discrimination are unlawful, they fall into four broad categories; each of which present their own challenges:

• Direct discrimination: This might occur when a man is discriminated against during the recruitment process, because the employer believes they wouldn't fit into a predominantly female workforce, or they believe that the role requires more sensitivity than a man could provide, such as working in a care home. The reverse may also occur where there is a predominantly male workforce and a female applicant.
• Indirect discrimination: This might take place due to rules or practices that apply to both sexes, but the rules have a disproportionate effect on one of the sexes. For example, if a company only offers full-time jobs, this could discriminate against women, who are statistically more likely to be caring for school-age children and wanting to work part-time.
• Victimisation: This can happen when you've made a complaint about sex discrimination in the workplace. Examples of sex discrimination related grievances may include;a grievance about being denied flexible working to help deal with the school run, or a grievance concerning sexist attitudes in the workplace.
• Sexual harassment: This can apply to both sexes, and occurs when you're subjected to lewd comments, innuendo or harassment of a sexual nature, both verbal and/or physical. Naturally, this can put you in an extremely distressing position; it's the duty of your employer to take immediate action when this type of harassment happens.

What should I do if I’m facing sex discrimination at work?

If you've suffered sex discrimination at work, or during the recruitment process, you need to act quickly. That's because you have only three months, less one day, from the date of the last discriminatory act to start a complaint at an employment tribunal. You can bring complaints against your employer and individual perpetrators of the discrimination or harassment.

Before you can do this, you first need to submit details of your claim to the Advisory, Conciliation and Arbitration Service (ACAS), so they can establish whether your employer will agree to 'early conciliation'. This takes up to a month, which will be added onto the three-month period if necessary. Where ACAS conciliation fails, we may then be able to file a claim at an employment tribunal on your behalf.

If you believe you've been unfairly discriminated against on the grounds of your gender, speak to one of our experienced solicitors today. Call us on 0330 041 5869 or contact us online and we'll call you back.

Why choose Slater and Gordon’s sex discrimination solicitors?

Everyone has the right to be treated fairly and with respect in the workplace. Sex discrimination can be incredibly troubling, causing difficulties not only at work, but with your health and well-being too. It is therefore critical that if you’re experiencing sex discrimination at work, you speak to a specialist solicitor who can help work with you to set things right.

Our friendly and compassionate employment team have an outstanding track record of success in handling sex discrimination in work cases, and many of our solicitors have received recognition from esteemed legal publications such as Chambers and Partners and the Legal 500. With a wealth of experience and expertise, you can trust that you are in good hands.

To learn more about how our team can help you, speak to one of our specialist sex discrimination solicitors today.