Sex Discrimination
The Equality Act 2010 covers all forms of discrimination in the workplace, including selection for a job, training, promotion, work practices, dismissal or any other disadvantage such as harassment because of a ‘Protected Characteristic’. The Equality Act 2010 prohibits discrimination because of a Protected Characteristic. Sex is one of the Protected Characteristics.
What is Sex Discrimination?
Sex discrimination occurs when someone is treated in a certain way either because of, or for a reason related to sex. It can also occur where an employer does something which places you at a disadvantage because of a person’s sex.
Who is protected?
The Act covers all employment and applies to apprentices, employees and the self-employed working under a contract personally to do work. Ex-employees can also in some circumstances make a claim against a former employer.
Who is liable?
The employer is generally liable for acts of discrimination; however, individual employees may also be liable.
Exceptions: When sex discrimination may be lawful
In some exceptional circumstances discrimination can be lawful. There might be legitimate occupational requirements e.g. where the job involves physical contact; or rape counselling.
Bringing a Claim
If you feel you have been discriminated against, you can bring a claim to 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.
How do I prove my case?
Establishing that discrimination occurred is not straightforward. Sufficient evidence must be provided to enable a Tribunal to conclude it is more likely than not that an employer discriminated against the worker.
There will need to be some factual basis upon which the Tribunal can make its findings. It therefore helps if the claimant can produce any relevant letters or documents. It is useful if the employee makes a note of the key incidents and the dates on which they took place.
- Socially Responsible Investment
- Comprehensive Investment Plans
- Financial Planning for Business
- Tax Mitigation Strategies
Effective measures an employer can consider taking
‘Faced with a challenging discrimination claim, a first for us, Herefords guided throughout, we were able to successfully defend the claim and get some of our costs back too. Recommend highly’ – Managing Director
- Investigating the extent of the potential problem in its business identifying areas of risk.
- Creating a workplace culture of zero-tolerance to harassment and where all employees are encouraged to report inappropriate behaviour.
- Having an effective anti-harassment policy that clearly sets out what conduct is unacceptable, the employer’s zero-tolerance approach to such conduct, how employees can report inappropriate conduct, the process that will be followed and the support available for victims of harassment and those who report it.
- Having effective reporting mechanisms in place and ensuring all employees are aware of them
- Ensuring managers deal with complaints of harassment quickly, effectively and in a sensitive way, that the perpetrators of harassment are sanctioned, and those who report harassment are protected from victimisation
- Providing anti-harassment training for all employees, given from induction onwards, and specific training for managers in how to deal with complaints of harassment.
- Having nominated employees to monitor harassment issues and offer support to victims of harassment
- Ensuring third parties such as suppliers and customers are aware of the employer’s zero-tolerance policy to harassment and that employees are aware that it will take reports of harassment by third parties seriously
- Making it clear to employees that harassment of all those they come into contact with at work will not be tolerated
- Ensuring its policies provide adequate protection and the right to report sexual harassment to all workers
- Requiring settlement agreements in sexual harassment claims to be signed off or reviewed at board level to ensure the effective monitoring of the number of claims
