Sex Discrimination & Equal Pay Rights

The Sex Discrimination laws make it unlawful for your employer to discriminate against you on the grounds of your sex.

Advice on sex discrimination

Under the Equality Act 2010, it is unlawful for an employer to:

  • Treat a job applicant or employee less favourably than others because of sex.
  • Apply a provision, criterion or practice (PCP) that disadvantages job applicants or employees of a particular sex without objective justification.
  • Subject a job applicant or employee to harassment related to their sex.
  • Victimise a job applicant or employee because they have made or intend to make a sex discrimination complaint, or because they have taken action or intend to take action in connection with the Equality Act.

Who is liable?

If an employee discriminates against or harasses another employee, the employer will be liable unless it has taken reasonable steps to prevent such conduct from happening. The offending employee may also be liable.

Burden of Proof

It is initially up to the Claimant to prove they have been discriminated against.

Time Limits

A discrimination claim must normally be made to an employment tribunal before "the end of the period of three months starting with the date of the act to which the complaint relates" However:

  • Acts occurring more than three months before the claim is brought may still form the basis of the claim if they are part of "conduct extending over a period", and the claim is brought within three months of the end of that period.
  • Time can be extended by such a period as the tribunal thinks just and equitable.

What if your claim is successful?

If you are successful, the Tribunal may make one or more of the following orders:

  • A declaration of the rights of the parties.
  • An order that the employer pay you compensation.
  • A recommendation as to what steps the employer should take to reduce the effect of the discrimination on yourself or another employee.

Equal Pay

Under the Equality Act 2010, men and women should receive equal pay for equal work.

Equal pay claims are usually brought in an employment tribunal, however, in some circumstances a claim can be brought in the civil courts.

In standard cases, the employee has 6 months to bring an equal pay claim to the Employment Tribunal.

For an assessment of your situation please complete and submit our questionnaire buy clicking here. We will respond within 5 working days.

Tel: 0845 293 2729 . Email us . The Foundry, Euston Way, Telford, Shropshire TF3 4LY