The Eqaulity Act (EA) 2010 outlaw sex discrimination in the employment sphere and other areas. They apply to men and women regardless of age. We have specialist sex discrimination solicitors who can handle these type of cases for you.
Sex Discrimination: The Equality Act (EA) 2010
The EA 2010 outlaw direct sex discrimination, indirect sex discrimination, and victimisation of those who attempt to enforce their rights under the Acts. This and other legislation also address the issues of harassment, 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). Direct discrimination includes associative discrimination (where an employee is treated less favourably because they are associated with another person who possesses the protected gender characteristic) and discrimination by perception (where an employee is treated less favourably because others perceive them to possess the protected gender characteristic even if they don't).
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)
Where an employee is treated unfavourably because they either have done, or are about to do, or are suspected of engaging in a "protected act" as regards their rights under the Equality Act 2010, then this constitutes victimisation. A protected act in this context is where the employee brings or helps another to bring a claim or complaint of sex discrimination, or makes an allegation that there has been a breach of the Equality Act 2010, or does anything else as regards the said Act.
Sex Discrimination: Equal Pay
Under the ‘equality of terms’ provisions of the EA 2010, an employee has the right to equal pay when compared with employees of the opposite gender, where they are engaged in 'equal work' in the same employment. For further details, see the equal pay page
Pregnancy and Maternity Discrimination
See section on pregnancy and maternity discrimination
Sexual harassment is defined under the Employment Equality (Sex Discrimination) Regulations 2005 and EA 2010 as conduct which violates the victims dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them. Furthermore, an employee can also bring a claim of harassment even where it is not directed at them personally, so long as they can show that the harassment created an offensive environment for them to work in.
Sex Discrimination Solicitors: Bringing A Sex Discrimination Claim
- 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), as subsequently amended, the most recent amendments being made by presidential guidance in September 2017 following the Court of Appeal decision in De Souza v Vinci Construction (UK) Ltd (2017). As a result of this, there is a top band of £42,000.00+ for exceptionally serious cases (£33,000.00+ for cases presented before the 11th September 2017), an upper band of £25,200.00 - £42,000.00 for serious cases (£19,800.00 - £33,000.00 for cases presented before the 11th September 2017), a middle band of between £8,400.00 - £25,200.00 (£6,600.00 - £19,800.00 for cases presented before the 11th September 2017), and a lower band of between £800.00 - £8,400.00 for less serious and one-off cases (£660.00 - £6,600.00 for cases presented before the 11th September 2017). The Court in Vento stated that awards for less than the lower band should be avoided. An injury to health claim can be pursued, 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, 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
Sex Discrimination Solicitors: What To Do If You Have A Claim
Should you require advice on sex discrimination, then please do not hesitate to contact one of our specialist sex discrimination solicitors. We can be contacted either by telephoning us on 0333 3010 700, or by completing the questionnaire on the right hand side of this page.
As specialist sex discrimination solicitors, you can rely upon us to provide you with quality advice from a leading employment law solicitor within the profession.
Please note that our specialist sex discrimination solicitors offer a free initial consultation.
Should you have been offered a Settlement Agreement (which used to be known as Compromise Agreements) which you require independent advice on, then please call one of our employment law solicitors immediately on 0333 3010 700, or complete the questionnaire on the right hand side of this page. We will then arrange an appointment with you to go through the Settlement Agreement.