Prevent discrimination and value diversity

Sex discrimination

Preventing sex discrimination improves your chances of recruiting the best person for the job and getting the best performance from all those who work for you. Anti-discrimination legislation applies to all workers, not just employees.

As with other strands of discrimination, sex discrimination can be direct - treating somebody less favourably on the grounds of their sex - or indirect - applying an apparently general rule which in practice disadvantages one sex and which cannot be justified. It includes the way you recruit, train, promote and dismiss people. Former employees retain the right to bring action against you if they discover, after leaving, that they suffered discrimination while in your employment.

The penalties for sex discrimination can be high, both for organisations and individuals, since there is no limit on compensation.

There are no length-of-service or age requirements in bringing a claim and claimants who are employees do not need to have left your employment.

From 1 October 2005, the law is explicit that less favourable treatment of women on the grounds of pregnancy or maternity leave counts as unlawful sex discrimination.

Also from 1 October 2005, new regulations make sexual harassment - and harassment on the ground of sex - explicitly unlawful in employment or vocational training. Sexual harassment can include insensitive jokes, displays of sexually explicit material, sexual innuendos or lewd comments or gestures.

It's unlawful to discriminate against a person on grounds that they have undergone, are undergoing or intend to undergo gender reassignment, with limited exceptions in recruitment. It is also unlawful to treat a person undergoing gender reassignment less favourably than a person who is off sick for another reason and similar period.

Since 4 April 2005, a person recognised under the Gender Recognition Act 2004 has the right not to be discriminated against as a person of their acquired gender – limited exceptions apply in recruitment.

As of 5 December 2005, any employee who registers under the Civil Partnership Act 2004 as one of a same-sex couple will be protected from unlawful direct or indirect sex discrimination on grounds of being a civil partner.

Women and men are also entitled to equal pay and conditions for work of equal value. This may be different work from that of a colleague of the opposite sex but it is equal in terms of the demands of the job where they are doing the same or similar work, work rated as equivalent, or work of equal value. The latter is where work may be different from that of a colleague of the opposite sex but it is equal in terms of the demands of the job.

As of 5 December 2005, employers will be required to treat married employees and civil partner employees in the same way. This means that any benefit such as private health care that is available to the spouse of an employee, should also be made available to an employee’s civil partner. Download a guide on the rights of same-sex partnerships from the Women and Equality Unit website (PDF).

Employees are entitled to request key information from you. They can do this either by asking directly or they can fill in the equal pay questionnaire on the Women and Equality Unit website. While you are not obliged to provide any information if you choose not to, it can count against you in an employment tribunal, as can giving an evasive reply.

Subjects covered in this guide

• Introduction
• Discrimination in recruitment and induction
• Sex discrimination
• Age discrimination
• Discrimination against disabled people
• Discrimination on the grounds of race
• Discrimination on the grounds of religion or belief
• Discrimination on the grounds of sexual orientation
• Discrimination over membership or non-membership of unions
• Discrimination in day-to-day working practices

 Print This Page

Source - Business Link; Crown Copyright.