Sex discrimination

Sex discrimination

Under the current law, an employee/worker in the UK cannot be discriminated against because of his (or her)  gender. While the majority of cases involves women, men are equally protected from discriminatory treatment.

Types of discrimination

There is a wide variety of discrimination, and if you wish to submit a claim to the Employment Tribunal, you must specify which one applies to your case:

• Direct discrimination (also by association)
• Indirect discrimination
• Harassment
• Victimisation

Direct sex discrimination

This happens if a person (or for example, the employer in general terms,  a manager etc) treats you worse than another person because of your sex.

Indirect sex discrimination

This covers situations where all workers are treated the same, but some aspect of this treatment affects one group worse because of their sex.

For example:
An employer decided that all his workers must be over 190cm tall. This would put women in a worse position than men.

OR

An employer decided that all his workers must work full time. This would put women in a worse position as many mothers choose to work part-time because of childcare commitments.

Defence to indirect race discrimination

On the other hand, if the person discriminating you can show that the provision/decision/practice is proportionate to achieve a real aim, he has a potential defence.

For example:

An employer decided that all his workers must be over 190cm tall. This would put women in a worse position. However, if this employer requires a security guard in a nightclub, he can possibly show such requirement is essential to do the job.

Sex Harassment

This includes a standard claim for harassment because of person’s sex, as well as protection from the conduct of sexual nature and worse treatment because the person had previously rejected, or agreed to, an earlier act of sexual nature.

Standard sex harassment takes place where somebody subjects you to conduct which:

• you do not want,
• it is related to your sex,
• it has the purpose or effect of violating your dignity, or
• it has the purpose or effect of creating a hostile or humiliating environment for you.

However, you are also protected from acts of sexual nature on the same basis.

Victimisation

If you assert your rights in connection with discrimination or harassment or if somebody agrees to help you in such case for example by giving evidence as a witness, and you or this person is mistreated as a result – this is victimisation.

For example:

Mary submitted an official grievance at work against Andrew, her manager, for sexual harassment. Billy agreed to act as Mary’s witness in the proceedings, and as a result, he was sent home without pay. Billy has been victimised.

Protection

The law not only protects existing workers but also covers job advertisements, the recruitment process as well as events taking place after employment finished.

Time limit

Remember, that you only have three months less one day from the last act of discrimination to commence the legal process against the discriminator.