Employment Law Solicitors:

Sex Discrimination Claims

The Sex Discrimination Act 1975 (SDA) outlaws sex discrimination in the employment sphere and other areas. It applies to men and women regardless of age.

The Sex Discrimination Act 1975

(hereafter referred to as the "SDA")
The SDA outlaws direct sex discrimination, indirect sex discrimination, and victimisation of those who attempt to enforce their rights under Act. Other legislation addresses the issues of harassment, gender reassignment, and pregnancy and maternity.

Direct Sex Discrimination
This is where a woman (or man) is treated less favourably than a person of the opposite sex in comparable circumstances because of their gender (e.g. dismissing a woman because she is pregnant).

Indirect Sex Discrimination
Indirect sex discrimination is where a seemingly gender neutral requirement or procedure disproportionately disadvantages one sex more than the other in practice and which the employer cannot justify as a proportionate means of achieving a valid objective (e.g. a height requirement which women are proportionately less able to meet).

Victimisation
Victimisation of those who assert their rights under the SDA or Equal Pay Act 1970 is unlawful.

Discriminatory Advertising
It is unlawful to publish an advertisement indicating an intention to discriminate unlawfully.

Equal Pay
The Equal Pay Act 1970 (EPA) provides employees with the right to equal pay when compared with employees of the opposite gender. For further details, see the equal pay page

Pregnancy and Maternity Leave
Dismissal of an employee because she is pregnant or for going on maternity leave constitutes both direct sex discrimination and automatic unfair dismissal regardless of how long the employee has worked for her employer. As there is a maximum limit on the level of compensation that can be awarded for unfair dismissal but no limit on compensation for sex discrimination, a woman dismissed in these circumstances should ensure that she brings a claim for both sex discrimination and unfair dismissal.

Sexual Harassment
Sexual harassment is defined under the Employment Equality (Sex Discrimination) Regulations 2005 as conduct which violates the victims dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them.

Gender reassignment
Discrimination against transsexuals who have undergone gender reassignment (i.e. a sex change) or who are or are about to undergo it constitutes sex discrimination and is therefore unlawful.

Sexual orientation
Discrimination on the grounds of sexual orientation is prohibited by The Employment Equality (Sexual Orientation) Regulations 2003.

Bringing A Sex Discrimination Claim

A tribunal claim must be made within three months of the discriminatory act (or last discriminatory act) complained of. Before bringing the claim, the employee must set out their grievance in writing to their employer and wait 28 days before commencing their tribunal claim. Unlike in unfair dismissal claims, employees do not have to have had at least 1 years continuous service with the employer to be entitled to bring the claim. Should the employees claim be successful, the tribunal can make recommendations and award compensation. Should the employer fail to comply with recommendations made by the tribunal for action to reduce discrimination without reasonable justification, the tribunal can award additional compensation on top of what it may have already awarded. Compensation awards in discrimination cases are unlimited and unlike in unfair dismissal cases, there is no such thing as a 'basic' or 'compensatory' award. Instead, the award normally comprises the following:-

• Injury to Feelings: Comprise separate awards for hurt feelings, aggravated damages, and injury to health. The criteria for assessing compensation for hurt feelings were set out by the Court of Appeal in the case of Vento v Chief Constable of West Yorkshire (No.2) (2003). In that case, the Court stated that there should be a top band of between £15,000.00 and £25,000.00 for the most serious cases, a middle band of between £5,000.00 and £15,000.00 for serious cases, and awards of between £500.00 and £5,000.00 for less serious and one-off cases. The Court stated that awards of less than £500.00 should be avoided. An injury to health claim can be incorporated into the injury to feelings claim, but should there be a separate award for it, the tribunal has to ensure that there is no element of duplication. Finally, aggravated damages can also be awarded as part of the injury to feelings claim, although awards for this element do not usually exceed £5,000.00 and are only awarded should the employers conduct have been especially cruel and malicious.

   

• Loss of Earnings: Normally makes up the bulk of the claim and includes both actual and future loss of earnings. Future loss can be extensive where psychiatric injury has been sustained as a result of the discrimination and makes it difficult for the employee to obtain new and appropriate employment.

   

• Injury to Health (Personal Injury): Is most commonly for psychiatric injury. Nevertheless, where a claim for personal injury is included, the employee loses the right to bring a claim in the civil courts for it.

   

• Ancillary Losses: These can be for items such as the cost of looking for alternative employment and pension loss.

   

• Interest: Interest on the compensation award can be claimed