Sex Discrimination

It is unlawful to discriminate in the employment field on the grounds of sex, pregnancy or maternity.

Discrimination may take any of the following forms:

Direct discrimination - where someone is treated less favourably on grounds of their sex.

Indirect discrimination - where an employer implements a rule or procedure that applies to everyone but adversely affects people of a particular sex and cannot be justified e.g. a requirement to work full time may be more difficult for a woman with child care responsibilities to comply with.

Victimisation - where an employer treats someone differently because they have made or assisted in making a complaint about discrimination.

Harassment- where because of sex an employer behaves in such a manner (or allows others to do so) so as to violates someone’s dignity or to create an intimidating, hostile, degrading, humiliating or offensive workplace.

You can be liable for the discriminatory acts of your employees even if they were done without your knowledge. You can even be liable for the acts of third parties if you know they are happening and do not put a stop to them.

The sex discrimination legislation applies to both employees and job applicants and the damages are potentially unlimited. If the Claimant proves fact from which discrimination could be found unless there is a good explanation to the contrary, the burden is for you to prove you are innocent!

Rees Page can help you put in place robust procedures to limit the risks of a claim arising. We can advise if you are concerned that you could be facing a problem and if a claim is made we can represent you at the employment tribunal.