Sex Discrimination

What is Sex Discrimination?

Sex discrimination occurs when an individual is treated unfairly due to their gender. Under the Equality Act 2010, this type of discrimination is unlawful and applies to all aspects of employment, including recruitment, terms and conditions of employment, training, promotions, and dismissal. It can affect anyone regardless of their gender and can manifest in various forms, from direct actions to subtle biases.

Types of Sex Discrimination

Direct Discrimination happens when an individual is treated less favourably than another person in a similar situation because of their gender. For example, if an employer refuses to hire a candidate because of their gender, such as choosing not to employ a male applicant for a role traditionally occupied by females, based solely on gender stereotypes.

Indirect Discrimination occurs when a workplace policy, practice, or criterion is applied to all employees but disproportionately disadvantages one gender. An example might be a policy that full-time workers are more likely to be promoted, which could disadvantage women who are more likely to work part-time due to childcare responsibilities.

Harassment involves unwanted conduct related to a person’s gender that violates their dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. This could include sexual harassment or making offensive gender-related jokes.

Victimisation happens when an employee is treated badly because they have made or supported a complaint about sex discrimination. Examples include demotion or exclusion from projects as a retaliation for filing a complaint.

How We Can Help

At Dutton Gregory, we offer a comprehensive range of legal services to help employers effectively manage sex discrimination issues.

Policy Audits and Development 

We will review your existing policies to identify potential risks of sex discrimination and assist in developing or updating policies that ensure equality and comply with the latest legislation.

Risk Management 

Our team can assess the potential risks of sex discrimination within your organisation and recommend proactive measures to address these risks, reducing the likelihood of costly legal disputes and enhancing your workplace culture.

Defending Sex Discrimination Claims 

If your organisation faces a sex discrimination claim, our experienced solicitors can provide expert legal representation. We develop a robust defence strategy to protect your interests, with a proven track record of successfully defending employers in complex discrimination cases.

Bespoke Training Programmes 

We can deliver customised training sessions to educate your HR team, managers, and all employees about sex discrimination and preventive measures. Our training covers best practices for creating an inclusive environment, fair recruitment processes, effective performance management, and handling grievances appropriately.

What next?

For more information about employment law advice, please contact us at contact@duttongregory.co.uk or contact Darren Tibble as head of our employment team.