What is Sex Discrimination?
Sex discrimination happens when an employee, worker or agency worker is treated unfairly due to their sex. Sex is a protected characteristic under The Equality Act 2010, which sets out the circumstances in which an employee or worker may have a claim for sex discrimination.
The treatment could be a one-off act or could be caused by the application of a rule or policy which amounts to a ‘provision, criterion or practice’ which while applied equally is discriminatory in effect. It’s important to note that the action does not have to be intentional to be unlawful, and there are some circumstances where being treated differently due to sex, is lawful such as when there is an occupational requirement for an employee of a particular sex. For example, employing female-only counsellors in a women’s refuge.
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Types of Sex Discrimination
There are four types of sex discrimination, and it is important to understand the difference between them.
- Direct Discrimination is when you’ve been treated less favourably than a comparator, because of your sex. For example, if a woman is not offered a promotion and the job goes to a less qualified man.
- Indirect Discrimination is when your employer applies a provision, criterion or practice that affects all employees, but puts you at a disadvantage because of your sex. Â For example, a shift pattern requiring long or irregular hours may indirectly discriminate against women with young children. Indirect sex discrimination can be justified in circumstances where an employer can show that there is good reason for the policy.
- Harassment is unwanted conduct in relation to your sex and there are a number of types of sexual harassment claim.
- Harassment on the grounds of sex;
- Unwanted conduct of a sexual nature which includes verbal and physical harassment;
- Less favourable treatment due to refusing or submitting to harassment.
From October 2024, employers also have a new duty to prevent sexual harassment in the workplace.
- Victimisation is when you are treated poorly because you have done a protected act such as having made a complaint of sex discrimination under The Equality Act, or you have supported someone who has made a complaint of sex discrimination.
Contact PM Law
It can be extremely distressing to suffer sexual harassment or discrimination at work. It’s advisable to take legal advice as soon as possible.
Please contact our employment law team for a free initial discussion. We will discuss your circumstances and give you an idea of whether a claim can be pursued.
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Family Law FAQs
Didn’t find the answers you were looking for? Look at the FAQs below for more information on our family law services.
The ACAS code of practice encourages employers and employees to resolve their workplace issues internally. If you have a problem with sexual harassment at work, it is usually a good idea to raise this. You can either raise the matter informally at first or you can raise a grievance under your employer’s grievance procedure.
To make a claim for sexual harassment or discrimination, you only have three months less one day from the date of the act complained of to lodge a claim. It is therefore important that you act quickly.
You should contact ACAS in the first instance and trigger the ACAS early conciliation process and this must be done within the three months less one day time limit.
Our experienced employment law solicitors can help in many ways, including by advising you of your rights and assisting you in pursuing a claim in the employment tribunal.
To speak to one of our employment experts, you can call 03300 532182. Alternatively, complete the contact form on this page or email your claim details to employment@pm-law.co.uk. Our solicitors are on hand to discuss how we can help.