If you are the victim of sex discrimination or sexual harassment, it is important to take action as soon as possible and our specialist sex discrimination solicitors want to help. Just call us on 01522 440512 for a free consultation.
Alternatively, if you are looking for some information about sex discrimination or sexual harassment claims, this blog provides some general guidance to help you.
Who Is Protected From Sex Discrimination and Sexual Harassment?
In the employment sphere employees, workers, job applicants, trainees, Company Directors etc are protected from sex discrimination and sexual harassment by their employer or their colleagues. All aspects of the relationship are covered. For example, an employee who is discriminated against in the recruitment process would be able to bring a claim against their prospective employer, even if they never worked a day for that business.
How Do You Know If You Have Suffered Sex Discrimination or Sexual Harassment?
The Equality Act 2010 sets out various ways in which an employer’s treatment of a person because of their gender is unlawful. Briefly, it is likely you have suffered sex discrimination or sexual harassment if any of the following have occurred: –
– Direct Sex Discrimination
This is where you have been treated les favourably because of your sex than someone of a different gender would have been treated. For example, if female employees were required to give a month’s notice to book their holiday but male employees were not.
In one of our previous cases, we successfully pursued a direct sex discrimination Employment Tribunal claim for a female employee passed over for promotion. The employer claimed that the reason she was unsuccessful was because she did not have certain qualifications or experience. We were able to show that male employees, already in equivalent promotional posts, did not have the qualifications and experience which was being required of our client.
– Indirect Sex Discrimination
This is where the employer has a policy, procedure or similar which appears to apply to everyone but has a detrimental impact upon people of a particular gender. For example, if an employer had a height requirement which may appear to apply in the same way to all but, fewer women than men could comply with the requirement.
In one of our previous cases, we successfully pursued an indirect sex discrimination Employment Tribunal claim for a female employee who was being forced to change her work base to premises several miles from her home (and causing her a significant commute). We were able to show this requirement disadvantaged our client and other women as they would tend to have the greater responsibility for childcare arrangements.
– Harassment Related To Sex
This is where a person suffers unwanted conduct which has the purpose or effect of violating a person’s dignity or creating for them an intimidating, hostile, degrading, humiliating or offensive environment. For example, jokes and derogatory comments by colleagues related to their sex.
In one of our previous cases, we successfully pursued a harassment related to sex Employment Tribunal claim for a female employee. She regularly had to attend senior management meetings only to endure comments along the lines of “why do women take so long to get to the point”, “we’ll take a break so the women can catch up” and “let’s get a few more guys in, that will really help our sales” etc etc.
– Sexual Harassment
This is unwanted conduct of a sexual nature which has the purpose or effect of violating a person’s dignity or creating for them an intimidating, hostile, degrading, humiliating or offensive environment. For example, comments about what a person is wearing, speculation about their personal relationships, invasion of personal space, unnecessary touching etc can be sexual harassment.
This type of harassment could also be unfavourable treatment suffered because of a refusal to agree to a relationship with the harasser. For example, bullying at work following the refusal to engage in a personal relationship would be sexual harassment.
In one of our previous cases, we successfully pursued a sexual harassment Employment Tribunal claim for a female employee who was subjected to constant comments from the moment she started her employment. Male colleagues would openly speculate on the colour of her underwear; ask whether she had had sex the night before; and, bet on which of them would have sex with her first. When she objected to management about this behaviour, she was told not to be “frigid”; it was only “banter”; and she should “get a sense of humour”.
– Victimisation
This is where an employee raises a complaint about discrimination themselves or supports another doing so and suffers a “detriment” as a consequence. A detriment could be a reduction in hours, a refusal to give a pay rise, a lost promotion opportunity, indeed anything which has a negative impact on that person’s work or employment.
In one of our previous cases, we successfully pursued a victimisation Employment Tribunal claim for a female employee who complained about the sexual harassment she was suffering at work. Almost immediately, she was told that there were allegations of misconduct against her and she was subjected to (entirely unjustified) disciplinary action.
If You Are Suffering Sex Discrimination Or Sexual Harassment What Action Should You Take?
The Employment Tribunal will expect you to raise your concerns with your employer. This will usually be done through your employer’s grievance procedure. For more information about how to raise a grievance, please visit our website at https://lincslaw.co.uk/blog/how-do-i-raise-a-grievance-about-work/
If your employer continues to discriminate against you because of your sex or the sexual harassment has not been properly dealt with, you may have to consider submitting a claim to the Employment Tribunal. In order to do so, you will first need to begin a process called ACAS Early Conciliation. This is a compulsory procedure where an ACAS conciliator acts as a go between to try and resolve the dispute. For more information about ACAS Early Conciliation, please visit our website at https://lincslaw.co.uk/blog/acas-early-conciliation-the-first-step-in-bringing-an-employment-tribunal-claim/
You will need to begin the ACAS Early Conciliation process within three months less one day from the last act of discrimination. The time limit for submitting your Employment Tribunal claim will depend upon the dates of your ACAS Early Conciliation. However, it is important that you begin the ACAS Early Conciliation process within the three-month deadline as to fail to do so may render your claim out of time.
Let Lincs Law Employment Solicitors Help You
If you are suffering sex discrimination or sexual harassment at work, call us on 01522 440512 for a free, no obligation, telephone consultation. Alternatively, use the contact information on this website. Please get in touch, we want to help.
Sally Hubbard
Managing Director, Specialist Employment Solicitor
Lincs Law Employment Solicitors
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