Whether you are male or female, if you believe you are being treated unfairly by your employer or work colleagues because of your gender, you may have a claim for sex discrimination. In addition, if you have suffered harassment because of your gender you may also have a claim for sex discrimination.
In order to submit a claim for sex discrimination, you must show one of the following: –
Direct sex discrimination
This is where an employer treats an employee less favourably simply due to their gender. An example of direct sex discrimination would be if an employer was not prepared to offer a position as secretary to a man, on the basis that they do not believe that a man would be able to carry out this form of work.
Indirect sex discrimination
This is where people are subjected to the same requirement regardless of gender or marital status but one group (male or female) suffers a greater disadvantage. An example of this could be requiring all employees to work overtime, which could have a disproportionate effect on women with family commitments.
Victimisation
This occurs where you have made a complaint in reference to sex discrimination and as a consequence you are being treated less favourably for making that complaint. For instance, if you complained to your employer that you are being sexually harassed and as a consequence your employer dismisses you.
It is also harassment to subject an employee to unwanted or unwarranted conduct related to their gender, which could reasonably be considered to cause that employee offence.
Sex discrimination can arise in relation to:
- The arrangements made for deciding who should be offered employment such as shortlisting and interviews.
- The terms upon which employment is offered.
- The ways in which access to opportunities for promotion, transfer, training or other benefits, facilities or services are offered.
- Dismissal or any other detriment.
Contact us today to speak to one of our specialist employment solicitors if you believe you have been discriminated against by your employer on the grounds of your sex.