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Martin Searle Solicitors

Employee Sexual Discrimination Advice

Making sense of the law on sexual discrimination for employees.

What is sex discrimination?

It is unlawful to discriminate against either a man or a woman on the basis of their sex. They have to be able to show that they have been treated less favourably than a man or a woman with an actual or hypothetical comparator. For more information, please see our page on Sex Discrimination.

Sexual discrimination law

The main piece of legislation relating to this is the Equality Act 2010. This protects all individuals from sexual discrimination at work, regardless of their gender.

The Equality Act defines sex as either male or female.

The Equality Act prohibits discrimination because an individual:

  • Is or isn’t a particular sex
  • Is presumed to be the opposite sex (discrimination by perception)
  • Is connected to someone of a particular sex (discrimination by association)

Types of sexual discrimination

Direct sex discrimination

Direct sex discrimination is where someone , or would be treated less favourably, than someone of the opposite sex, in comparable circumstances, due to their gender.

Indirect sex discrimination

Indirect sex discrimination is where a provision, criterion or practice applied to both sexes puts or would put one sex, including the person concerned, at a disadvantage. And which cannot be objectively justified by being demonstrated to be a proportional means of achieving a legitimate aim.

Victimisation

Victimisation is where a person is treated detrimentally because they have made, or intend to make, an allegation or complaint of sex/gender discrimination at work. Also where they give or intend to give evidence in relation to a complaint.

Harassment (including Sexual Harassment)

Harassment is where unwanted conduct, has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. Unwanted conduct of a sexual nature which has the same purpose or effect is also specifically prohibited. This covers individuals treated less favourably because they rejected or submitted to unwanted sexual conduct. For more information, please see our page on Sexual Harassment.

Sexual Orientation Discrimination

The Equality Act (2010) states that it is against the law to discriminate against someone based on their sexual orientation, or their perceived sexual orientation.

For more information about sexual orientation discrimination in the workplace, please visit our page on Sexual Orientation Discrimination.

Our discrimination law solicitors at Martin Searle Solicitors advise on and have brought a wide range of sex discrimination at work claims. If you are an employee, agency worker or job applicant and have been discriminated against due to your sex, sexuality or have experienced sexual harassment at work, we can help. We offer advice on redundancy and Settlement Agreements in relation to sex discrimination. We can also advise if you believe you have a victimisation claim where you have been turned down for or dismissed from a position as a result of the actions of a former employer where you had raised a sex discrimination grievance.

Contact us today on 01273 609911, or email info@ms-solicitors.co.uk.

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