Sexual discrimination

Sarah Nandhra LL.B. (Hons), LL.M.
0113 320 5000
employment@winstonsolicitors.co.uk

Employment tribunal claims

Unwelcome attention

Many people, at some stage in their working lives, receive unwanted sexual attention from colleagues. Sexual harassment covers a whole range of things from rude remarks to leering and unwanted physical contact. In law, it is seen as direct discrimination under the Sex Discrimination Act 1975. Although it happens more often to women, men can be victims too. Please see our page regarding Sexual Harassment.

It is probably best to try at first to sort things out personally. But if the harassment continues, don't be afraid to complain. It is not always easy to prove in court but judges are now prepared to award damages when the victim can show that they have suffered some disadvantage or injury to their feelings from the sexual harassment. Complaints can be brought against both an individual and an employer.

When can employers lawfully specify that they require a person of a certain sex?

When there is 'a genuine occupational reason'. For example, for reasons of decency in a single sex establishment such as a boarding school, or for specific purposes such as modelling or acting.

Can claims be made to employment tribunals?

Anyone who feels that they have been discriminated against may bring a complaint to an employment tribunal within three months of the act complained of. There are no length of service or age requirements to bring a claim. Individuals do not have to have left employment before making a tribunal claim. There is no upper limit on the amount of compensation a tribunal can award.

A person who feels they are a victim of unfair sexual discrimination at work can make a complaint to an employment tribunal but this must be done within three months of the relevant incident.

If you feel you may have a claim for Discrimination, please contact Winston Solicitors LLP today.

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