It can also arise where an employer applies a policy or practice that puts one sex at a disadvantage compared to the other.
Sex
Discrimination
The Equality Act 2010 protects individuals from discrimination in the workplace across all aspects of employment — from recruitment and promotion to training, dismissal, and day-to-day working conditions.
What Is Sex Discrimination?
Sex discrimination occurs when someone is treated unfairly because of their sex or for a reason related to their sex.
Who Is Protected?
The Act applies broadly across the workforce, covering:
- Employees and workers
- Apprentices
- Self-employed individuals working under a personal service contract
- In certain cases, former employees
This means protection continues even after employment has ended, where discrimination is linked to the previous working relationship.
Who Is Liable?
In most cases, the employer is legally responsible for discriminatory acts carried out by staff during the course of employment. However, individual employees may also be held personally liable in some circumstances.
When Might Discrimination Be Lawful?
There are limited situations where discrimination on the grounds of sex may be lawful
For example, where there is a genuine occupational requirement.
Typical examples include roles that involve:
- Personal care where physical contact is necessary
- Specialist counselling, such as rape or domestic violence support
Bringing a Claim
Employees who believe they have been discriminated against can bring a claim before an Employment Tribunal.
Claims must be brought within three months (less one day) of the act complained of subject to any extension of time granted by correct use of ACAS Early Conciliation.
Where discrimination has occurred over a period of time then the claim must be brought within three months (less one day) of the last act in a series of interconnected, linked acts subject to any extension of time granted by correct use of ACAS Early Conciliation.
It’s important in most cases for Claimants to submit a written grievance to their employer complaining of the discrimination. A failure to do so could result in any compensation being reduced by up to 25%.
Where a Tribunal finds that a claim is well founded, it can order the employer to pay compensation for financial losses and injury to feelings. The Tribunal can also make a recommendation that the employer takes specified steps within a specified time to remove or reduce the adverse effects of the discrimination on the Claimant.
Proving Discrimination
Establishing discrimination isn’t always straightforward. Claimants must provide evidence sufficient for the Tribunal to conclude that discrimination was more likely than not.
Helpful actions for claimants include:
Keeping a record of incidents, dates, and witnesses
Retaining relevant correspondence or documents
Demonstrating patterns of behaviour or inconsistency in treatment
TESTIMONIAL
