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Employment
Sex discrimination and equal pay
Discrimination can be direct, indirect, deliberate or accidental. If you feel you are being discriminated against at work because of your sex, marital status or gender, it is unlawful and your employer should stop the discrimination.
Sex discrimination
Under the 1975 Sex Discrimination Act it's unlawful for an employer to discriminate against you because:
- of your gender
- you are married
- you have had, are having or intend to have, gender reassignment, this means someone, supervised by a doctor, who changes their gender
Sex discrimination laws cover almost all workers (men and women) and all types of organisations in the UK. It covers:
- recruitment
- employment terms and conditions
- pay and benefits
- status
- training
- promotion and transfer opportunities
- redundancy
- dismissal
Equal pay
The 1970 Equal Pay Act makes it unlawful for employers to discriminate between men and women in terms of their pay and conditions where they are doing either:
- the same or similar work
- work rated as equivalent in a job evaluation study by the employer
- work of equal value
Genuine occupational qualifications
In some cases, a job can be offered to someone of a particular sex, because of what is called a 'genuine occupational qualification'. Examples could include:
- some jobs in single-sex schools
- jobs in some welfare services
- acting jobs that need a man or a woman
Positive action
In some circumstances, an employer may encourage or offer support specifically to men or women, and this 'positive action' is allowed under sex discrimination laws.
For example, an employer who has no women managers might offer some training in management skills only to women or encourage them to apply for management jobs.
Positive action applies only to training and encouragement to apply for jobs, so when it comes to choosing who is to get a job the employer must consider all candidates on their suitability alone.
What to do if you are discriminated against
If you think you are being discriminated against you may be able to bring a claim to an Employment Tribunal for discrimination. However, it's best to talk to your boss first to try to sort out the matter informally. You are entitled to write to your employer if you think you have been discriminated against or harassed because of your age.
If you want further advice the Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on employment rights issues or you can visit the employment contacts pages for other useful contacts. If you are a member of a trade union, you can get help, support and advice from them.
