Employment Tribunal Sex Discrimination Claims
The 2010 Equality Act makes it illegal for employers to discriminate against you because of your gender. It covers all types of organisations in the UK and the vast majority of workers, covering both men and women (there are a few sensitive job roles where it is still allowed to discriminate on the basis of gender). It also relates to the entirety of the employment process, not just the treatment you receive as part of your job.
This means that sex discrimination is not allowed during recruitment, in the terms and conditions of your employment, in what you are paid for your job, in the training you receive, in the promotion opportunities you receive, in dismissal procedures or in redundancy decisions. If you believe that you have been discriminated against in any of these areas because of your gender then it is likely you will have a case for bringing a sex discrimination claim against your employer.
Permitted sex discrimination
There are a few situations that count as ‘positive action’ in promoting one gender over another and so, while in ordinary circumstances it would be considered discrimination, as long as the employer can prove the value of the positive action, it doesn’t count in the same way. For example, if a company has no female board members, they might actively recruit for them or train employees to take on managerial roles in order to boost representation.
This sort of thing is allowed under sex discrimination laws as it is designed to boost one gender rather than discriminate against the other. However, it can sometimes be hard to tell whether or not something counts as sex discrimination, so if you are in doubt you should seek legal advice to clarify your position.
If you believe you have been discriminated against at work because of your gender, then the first thing you should do is to try and sort it out informally with your employer. However, if this doesn’t work, you should speak to a sex discrimination solicitor about making an Employment Tribunal Claim, where you will be able to make your case against your employer. Your employer will also be given a chance to make their case, after which the tribunal will rule on your sex discrimination claim.
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If you believe you may have grounds for a sex discrimination claim, contact one of our specialist discrimination solicitors now for your FREE initial consultation. We deal with employment tribunal sex discrimination cases for clients nationwide.
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