Email Enquiry   Callback Request

Sex Discrimination

Whether you are male or female, if you believe you are being treated unfairly by your employer or work colleagues because of your gender, you may have a claim for sex discrimination. In addition, if you have suffered harassment because of your gender you may also have a claim for sex discrimination. Please contact one of our advisers to discuss. The Employment Tribunal has very strict time-limits for makings claims; usually three months less one day from the date of your complaint. It is therefore important you seek advice as soon as possible.

Case Study

We met Ms Y when she attended a Fixed Fee Interview. Ms Y worked for a large company at management level and was obviously in some distress when we saw her. Ms Y loved her job; however, she had grown increasingly unhappy due to one of her male colleagues who had been making suggestive and sexual comments to her. He had also been sending her emails and text messages repeating those comments. This caused her a significant amount of stress and anxiety which was affecting her work and her family.

Ms Y did not know what to do. The male colleague was in a senior position at the Company and Ms Y was frightened that if she raised her concerns; the Company would take his side. However, matters reached a stage where Ms Y could take no more and reported the colleague. Ms Y was absolutely devastated by her employer’s response. Ms Y was told she was suspended. Ms Y could not understand; she had emails and text messages that proved the substance of her complaints. However, despite the overwhelming evidence in support, the Company refused to uphold her grievances.

It was at this point that Ms Y booked in for her Fixed Fee Interview. We advised Ms Y that the treatment she had received amounted to sexual harassment. On her behalf, we submitted a claim to the Employment Tribunal. Ms Y initially informed us that she did not have funding to pay for any representation nor did she benefit from Legal Expenses Insurance. We advised Ms Y that we would be able to represent her on a “No Win, No Fee” basis.

Along the way we provided support to Ms Y as we understood it was a particularly stressful time for her. Ms Y was nervous about attending the Employment Tribunal, however, before the hearing we managed to settle her claim for a significant amount of compensation and a good factual reference. Ms Y was very pleased with the outcome and we were happy to have supported her through such a difficult time.

Fact Sheet

What is Sex Discrimination?

In order to submit a claim for Sex Discrimination, you must show one of the following: -

  • Direct Sex Discrimination – This is where you are treated less favourably on the grounds of your sex. Examples of being treated less favourably include being bullied or harassed, disciplined or selected for redundancy for a reason relating to your sex or marital status.
  • Indirect Sex Discrimination – This occurs where people are subjected to the same requirement regardless of gender or martial status but one group (male or female) suffers a greater disadvantage. An example of this could be requiring all employees to work overtime which could have a disproportionate effect on women with family commitments.
  • Victimisation – This occurs where you have made a complaint in reference to Sex Discrimination and as such you are being treated less favourably for making that complaint. For instance, if you complained to your employer that you are being sexually harassed and as a consequence your employer dismisses you.

Who do I claim against?

If you have suffered discrimination, you can bring a claim against your employer and the person who has discriminated against you.

Who can bring a claim for sex discrimination?

There is absolutely no requirement to have been employed by your employer for any length of time. For instance, if you had been in your employment for three months and experienced sex discrimination you could bring a claim. In fact, there is no actual need for you to be an employee. For example, you can bring a claim for sex discrimination if you fall within the following categories: -

  • You have been turned down for a job because you are pregnant or because of your sex;
  • You are not actually an “employee” but a “worker” providing services to your “employer”. For instance, you may be self-employed; or
  • You are not provided with a reference from your old employer because you had complained of sex discrimination whilst you were an employee there.

Remedies

If you are successful in proving you have suffered discrimination, an Employment Tribunal may award you compensation. This is usually compensation for the losses you may have suffered and an award for injury to feelings. There is no limit to the amount of compensation that can be awarded for sex discrimination.

Time Limits

In order to submit a claim to the Employment Tribunal for sex discrimination the claim must be submitted within three months less one day from the date of the incident complained of.