Discrimination on grounds of sex
Sex discrimination can be direct or indirect.
What is direct 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 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?
Employers must not discriminate against you because of your sex or because you are married, 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: 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 – unless the employer can show there is a genuine reason for the pay difference which is not based on sex.
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.
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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.
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.