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 the workplace. 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.
What is Sex Discrimination in the Workplace?
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 because 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 a consequence 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 can bring a claim for sex discrimination?
There is no requirement to have been employed by your employer for any length of time. 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.
If you are successful in proving you have suffered discrimination, an Employment Tribunal may award you compensation. This is usually compensation for any losses you may have suffered (e.g. loss of earnings if you are dismissed) and an award for injury to feelings. There is no limit to the amount of compensation that can be awarded for sex discrimination.
In order to submit a claim to the Employment Tribunal for sex discrimination in the workplace the claim must be submitted within three months less one day from the date of the incident complained of. If you consider you have been subjected to sex discrimination, please do not hesitate to contact your nearest Ringrose Law office in Boston, Lincoln, Grantham, Sleaford, Spalding and Newark and ask for a member of the Employment Law Team.