SEX DISCRIMINATION CLAIMS

Unlimited damages

Applications as a result of sex discrimination are made to the Employment Tribunal which can make a recommendation, a declaration or award compensation. Compensation may include loss of earnings, loss of benefits and pension, injury to feelings and can include an award for aggravated damages if the behaviour has been particularly offensive. There is no limit to the amount of compensation that can be awarded in discrimination claims which can result in very high financial orders being made against employers.

Nationwide protection

The Sex Discrimination Act 1975 which applies in England, Scotland and Wales prohibits discrimination on the basis of a person’s gender or marital status and covers transsexuals. Similar legislation applies in Northern Ireland. Those protected under the Act include :-

• contract workers
• employees
• job applicants
• former employees
• voluntary workers
• self-employed

The legislation

There are a number of other statutes that are used to protect individuals including :-

The Equal Pay Act 1970.
This legislation was one of the earliest Acts intended to protect the rights of men and women and all employers must now pay men and women the same amount for performing the same job.

The Equal Opportunities Commission (EOC)
This Government body established a Code of Practice 1985 whereby employers must provide equal opportunities to members of both men and women.

The Employment Equality Regulations 2003 effectively prohibits discrimination for reasons of sexual orientation thereby protecting the employment rights of those homosexuals and lesbians and those in same sex relationships.

Direct and indirect behaviour

There are two main types of sexual discrimination, one of which may be obvious and the other of which may be more sophisticated and sinister :-

1. Direct.
   In this case a person is treated differently because of their gender. This type of unlawful behaviour can be very obvious although there are certain circumstances where positive discrimination is not unlawful. The most obvious example of this is that it would be acceptable for an employer to advertise a position for a toilet attendant with specific gender requirements.
2. Indirect.
   In this case conditions are imposed which would favour applicants from one sex over the other. These requirements can be subtle and are not always immediately obvious. A job description requiring short people would obviously favour women over men.

Pregnant women

Sex discrimination may also occur where an employer has treated a person differently or less favourably because they have a condition which applies only to one sex. If a woman is treated differently including dismissal because she is pregnant or because she takes time of work for reasons associated with the pregnancy then an application for compensation can be made to an Employment Tribunal.

Protection from victimisation

The 1975 Act also applies if there is less favourable treatment to a person who has complained and indicated that they intend to make an application to the Employment Tribunal or have given evidence in the Employment Tribunal or have alleged illegal activity in relation to the Sexual Discrimination, Race Relations and Disability Discrimination Acts. Individuals are subsequently protected against victimisation if an allegation of misconduct is made in good faith and fails in the Employment Tribunal.