Your Rights Against Sex Discrimination in the Workplace

Although it may seem an obvious consideration to most, the Sex Discrimination Act 1975 was created to ensure that sex discrimination in the workplace was an illegal act, and so nobody could be discriminated against because of their gender. These measures have been regulated by the Equality Act 2010 to further protect rights in the workplace. That is not to say that sex discrimination does not still occur, and so it is vital to understand in which circumstances laws have been broken, and how to take action if necessary. The following guide explains further what sex discrimination is, when rights have been violated and how to take legal action if required.

There are various forms of sex discrimination. Predominantly, they are placed into two areas:

Direct - Direct sexual discrimination occurs when a person or persons are treated less favourably because of their gender. This is often measured by how someone of the opposite gender would be treated in the same situation. Examples of direct discrimination include:

• Pay for a male worker is higher than that of a female in the same role.
• Dismissing a female worker because she is pregnant or trying to become pregnant.
• Promoting a person because they are single and overlooking their married counterpart.
• Using gender orientated titles in job descriptions, such as ‘waiter', ‘comedian' or ‘air hostess'.

Indirect - Indirect sex discrimination occurs when a rule or process is put into place that offers less favourable outcomes for one gender than it does another. Indirect discrimination also occurs if a target or incentive is set that favours one gender over the other. Examples of indirect discrimination include:

• Imposing full time working hours on all employees. It is considered that women workers have more care roles (such as motherhood) that require greater flexibility in working hours, and this could therefore be an act of discrimination.
• The ways in which promotions and incentives can be accessed as well as the possibilities of accessibilities for transfers and benefits..

Victimisation - Victimisation occurs if an individual is victimised because they have made a complaint about sexual discrimination. Making a complaint might include standing up for rights, taking a case to court or going to an employment tribunal. Individuals can receive protection against victimisation after making a complaint of sexual discrimination or supporting others making a complaint.

Harassment - Harassment occurs when a person's dignity is violated by another person's actions. A victim of harassment may find that their environment is made to be humiliating, distressing or offensive because of the actions of another.

It is important to recognise that discrimination can also occur when an employee is not in the workplace. For example, if a woman is overlooked for opportunities when on maternity leave or because she is due to take maternity leave. Pregnant women and women on maternity leave have additional protection rights against discrimination in the workplace, though these are additional rights and will not offer less than standard rights.

Making a Claim of Sexual Discrimination

If an employee believes that they have been a victim of any of the above actions, they can bring a case to an Employment Tribunal. It is advisable to speak to the employer directly to address the situation before seeking legal advice and pursuing a tribunal hearing. This is because there are financial costs to bringing a case to a tribunal.

Those who think that a tribunal is the necessary course of action need to be sure that they have been treated unlawfully. This can be confirmed through seeking advice from an employment law solicitor.

Once assured that there is a case, victims of sexual discrimination can make a case at their county court. The claim must be made within three months less one day from the incident that is being complained about. A court may consider a claim outside of the time limit, but only if it sees a justified reason to do so.

The vital steps to making a claim include:

• Communicating that a claim is being made to the person that the claim is against. This should be done in writing and the letter is referred to as a ‘letter before claim'. The person that the claim is about is called the ‘defendant'. 
• The defendant can then respond in writing to explain their position. This allows both parties the opportunity to decide whether they can resolve the issue without court influence.
• If the above steps do not manage to resolve the case, a claim form must be completed, giving in-depth details of the case and complaint.
• The defendant must then respond by completing a defence form. This form details whether the defendant agrees or disagrees with the complaint made.
• The process from this point depends upon the defendant's response and could involve a court hearing or may be resolved without further legal involvement.