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Sex Discrimination

There are two main pieces of legislation governing sex discrimination in the UK designed to provide that men and women are treated equally:-

The Sex Discrimination Act 1975 (as amended) 

which makes it unlawful to discriminate on the grounds of sex and marital status and in relation to access to employment, vocational training, promotion and other terms and conditions of work.

The Equal Pay Act 1970 (as amended)

which regulates discrimination by implying into the contract of  employment an equality clause providing that women should be paid the same as men when they are doing the same (or broadly similar) work, work rated as equivalent under a job evaluation scheme or work of equal value.   

There are, in effect, four types of sex discrimination : direct, indirect, victimization and harassment. 

Direct Discrimination

Direct discrimination  is the less favourable treatment of :-

  • a woman than a man or a man than a woman because of their sex
  • a woman because she is pregnant
  • a woman because she is on maternity leave
  • a married person by comparison with a single person of the same sex because they are married
  • a person on the ground that they have undergone, or are undergoing or intend to undergo gender reassignment.  

Indirect Discrimination

Indirect discrimination occurs where a practice, provision or criterion has the effect of discriminating against one sex (usually women) or against married persons often because of childcare responsibilities, and cannot be justified by the needs of the job. 

Harassment 

Harassment as a new limb of sex discrimination was introduced in 2005 by the Employment Equality (Sex Discrimination) Regulations 2005 which now expressly prohibits harassment on the grounds of sex and sexual harassment for the first time.  There are now two types of harassment:

  • harassment "on the grounds of sex" ; and
  • sexual harassment, being unwanted conduct of a sexual nature.  

Victimization

Victimization occurs where a worker (or former worker) is treated less favourably because of having made a complaint of unlawful discrimination, or having done anything under or by reference to the Sex Discrimination Act or Equal Pay Act or having assisted someone who has made such a complaint.

Unlawful Disrimination

The presribed circumstances when discrimination is unlawful are :-

  • recruitment including arrangements made for offering employment
  • terms on which employment is offered
  • promotion
  • transfer
  • training
  • access to benefits, facilities or services
  • dismissal
  • any other detriment (disadvantage).

Limited exclusions apply where, for example, there is a genuine occupational qualification for appointment to a particular position e.g. a role in a play, a model for women's clothing or a male care assistant to help men dress or use the toilet.   

 

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