Sex Discrimination Explained
Sex discrimination in the workplace happens when someone is treated unfairly because of their sex, whether they are male, female, or non-binary. It can be direct, like being paid less than a colleague of the opposite sex for the same work. Or indirect, such as workplace policies that disadvantage one sex more than the other. It also includes harassment or being treated badly for raising concerns. UK law protects employees from sex discrimination at all stages of employment, from hiring to dismissal.
Sex Discrimination Explained
Sex discrimination can be direct or indirect
Sex discrimination can be direct, such as treating someone unfairly because of their sex. Or indirect, where policies or practices put one sex at a disadvantage without a good reason. Click the links below to learn more.
What is direct sex discrimination?
When a person is treated less favourably on account of their sex in relation to recruitment, selection, training, promotion, selection for redundancy etc.
What is indirect sex discrimination?
When an employer imposes a requirement, condition or practice which fewer persons of one sex can fulfil. For example, a requirement to be above a certain height (which fewer women than men could fulfil).
What rights do I have when it comes to sex discrimination?
Employers must not discriminate against you because of your sex or because you are married. They are also not able to discriminate because you have undergone (or intend to undergo) gender reassignment or because of your pregnancy or maternity leave. Harassment at work is also unlawful.
This applies to recruitment, your treatment in your job, chances for promotion and training, dismissal or redundancy. Employers must not label jobs 'for men' or 'for women' except in some very special circumstances. Occasionally, a person's sex can be considered a 'genuine occupational qualification' in jobs such as acting or for reasons of privacy and decency.
Employers must not discriminate against you on the basis of sex, in relation to your pay. For example, if you and another colleague of the opposite sex are doing the same job but you are paid less, then you have a right to equal pay. That is true unless the employer can show there is a genuine reason for the pay difference which is not based on sex.
You are protected by law if you feel you have been a victim of sex discrimination
Advertisements must not show that the employer intends to discriminate unlawfully.
You are protected by the law in case you are victimised for trying to exercise your rights under the sex discrimination legislation.
More on victimisation
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Contact us today to speak to one of our specialist Employment solicitors if you believe you have been discriminated against by your employer.
Further information on sex discrimination
Speak to our employment team about sex discrimination, in confidence on 0113 320 5000 or email us directly employment@winstonsolicitors.co.uk
In most Employment Tribunal cases, there are strict three month/less one day time limits within which you can issue proceedings. These time limits usually begin to run from the termination date of your employment (unfair dismissal), date of your resignation (constructive dismissal) or from the incident of discrimination.
If you try and issue proceedings outside of this three month time limit, your claim will only be accepted in exceptional circumstances.
Exceptions to the three month time limit include cases regarding equal pay disputes and redundancy payment disputes when claims must be issued within six months.
