Lawful Sex Discrimination
Lawful sex discrimination presents areas of sex discrimination that are legally acceptable.
Specific roles, for example, include, but are not limited to:
- The armed forces
- Organised religion
Discrimination From Caring Responsibilities
Sex discrimination can occur in cases of care work or positions of responsibility for others. If an employer fails to make exceptions in the flexibility of a role, regarding an employee’s working hours (including part-time or job share options) when having to take care of their children, elderly dependents or disabled adults (including hospital visits or medical appointments) this can also be classed as sex discrimination.
Further to sex discrimination, if an employee is caring for a child or adult with disabilities, then they may also be entitled to claim for disability discrimination.
Inversely, if an employer prioritises flexible working requests from women who require exceptions to be made for childcare or caring responsibilities over men with the same flexibility requests, then this is also sex discrimination.
Sex Discrimination Towards, And By, Men And Women
Sex discrimination isn’t solely designed to protect women. Both sexes of employee hold the same level of legal right as their counterpart.
Sex discrimination often takes place when one sex discriminates against their opposite,yet it is also considered discrimination within members of the same sex. A man can discriminate against another man, and a woman can discriminate against another woman,as long as the discrimination is made to favour one sex over the other; in these cases, whoever is delivering the discriminatory treatment is still just as liable.
Your Employer Is Liable For Sex Discrimination Claims
An employer who performs direct or indirect discrimination is liable for their behaviour. They are also liable for criminal action due to discrimination an employee may have received from another employee—including all management and staff.
If it was a member of staff that isn’t your employer carried out the discriminatory action against you, you could be entitled to claim for damages against them as well as against your employer.
Employer Considerations
To avoid sex discrimination in the workplace, an employer should instigate suitable policies to protect both sexes from unfair differences in recruitment, pay, training, promotion, dismissal and redundancy. All terms and conditions should be outlined in the employment contract.
Making A Sex Discrimination Claim
Any possible claim of sex discrimination should be made to your employer. The correct procedure will include either an informal meeting with your manager, whose responsibility it is to raise the complaint on your behalf or to make a formal complaint in writing that can be utilised as proof if the matter isn’t suitably resolved to the complainant’s satisfaction. If this is the case, then an employment tribunal should be raised, where the complaint will be given further attention.
The complaint must be made within 3 months of the act or of the most recent act of the discrimination claim. An employee with a service of any duration can make a claim. A sex discrimination claim can be brought against an employer from outside employment, for example, for sex discrimination that occurs at the interview process.
Due to the sensitive nature of sex discrimination, many employees will not feel comfortable returning to work for the same company. In these instances, it may feel like resignation from their role has been forced upon the employee, giving rise to a claim for constructive dismissal.
Claims For Damages
The Court of Appeal offers compensation guidelines for injury to feelings. Damages can range from less serious cases of £800 to the most serious being awarding up to £42,000.
Please contact Employment Solicitors Leeds for professional and realistic advice regarding your sex discrimination claim. We have a specialist team waiting to guide you towards the best possible outcome and award for your unique situation.
