THE SEX DISCRIMINATION ACT 1975

Our solicitors provide qualified advice on all matters involving employment disputes including issues relating to sex discrimination. Our no win no fee claims are totally risk free and if you do not win your case, you do not pay any legal fees or expenses whatsoever. If you would like free advice without further obligation just call us on the free phone number or complete the contact form and one of our specialist lawyers will be pleased to help you.

An application for compensation for sex discrimination can be made to the Employment Tribunal who will consider all of the evidence in order to ascertain whether or not there has been a breach of the law after consideration of :-

The Sex Discrimination Act 1975 - prohibits treating people differently on the basis of their sex or marital status.

The Employment Equality Regulations 2003 - makes it illegal for employers to discriminate against anyone because of sexual orientation or preferences.

The Equal Pay Act 1970 - requires employers to pay men and women the same amount for performing the same job.

The Equal Opportunities Commission Code of Practice 1985 - the main thrust of which is that businesses must provide equal opportunities to members of both sexes in the workplace.

It is possible for an individual to make application to an Employment Tribunal without the assistance of a lawyer and to attend the hearing unrepresented however it should be borne in mind that as the Employment Tribunal has the power to award unlimited compensation in favour of an applicant for sex discrimination, the stakes are high, and the employer will almost certainly have experienced legal representation.

Legally speaking there are two categories of sex discrimination. The illegal behaviour may be ‘direct’ which occurs when a person is treated differently because of gender and that treatment is obvious and undeniable however there is a more subtle form which is ‘indirect’ where obstacles are placed in the way of job applicants which deny them an equal opportunity. As an example if a job description required an applicant’s height to be at least 6 feet, clearly it would discriminate against a lot more women than men. There are however situations where positive discrimination is allowed as in the case of a same sex toilet attendant or a model for men’s or women’s clothing.

It is also unlawful for employers to terminate employment or treat the individual differently and unfavorably due to a gender unique condition. For example an individual cannot be dismissed for being pregnant or for going to antenatal appointments.