Sex Discrimination Claims
If you’ve been a victim of sexual discrimination in the workplace then Claims National are can help you make a claim for compensation.
Sex discrimination is discrimination on the grounds of sex. All terms and conditions of employment are covered. It also includes applying a rule or condition which could put either sex at a disadvantage in comparison to each other. There are many situations which could be classed as sex discrimination including being rejected from a position or being paid less due to gender.
At Claims National we understand the sensitivity that surrounds such issues, contact us today to speak to our employment
law team who will be more than happy to provide you with FREE expert advice.
The term ‘sex discrimination’ applies when someone is treated differently or unfairly because they are:
- Male or female
- Associated with someone who is male or female
- Perceived – correctly or incorrectly – to be male or female
- Subjected to comments and behaviour regarding sex, which they find offensive.
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Sex discrimination can occur in many different ways, the main 4 being direct discrimination, indirect discrimination, harassment, and victimisation.
Direct discrimination can involve deciding not to employ someone, to dismiss them, withhold promotion, and denying benefits to a particular person.
Indirect discrimination is when a group of people, sharing the same characteristic are treated differently from everybody else. Indirect discrimination is harder to detect, and is less obvious than direct discrimination, as it applies to a group of people, rather than one particular person.
Harassment can be committed in three different forms; unwanted conduct, unwanted conduct of a sexual nature (sexual harassment), and less favourable treatment of an employee because they have rejected sexual harassment or been the victim of it.
Unwanted conduct is when a person’s dignity is violated, or they are made to feel intimidated, degraded, and humiliated, regarding a characteristic of sex. This can be done by bullying, nicknames, threats, inappropriate questions, exclusion, and insults.
Sexual harassment is similar to unwanted conduct, the only difference being that the unwanted conduct in this case, is in a sexual nature. Sexual harassment can include; written or verbal comments of a sexual nature, questions and/or jokes about their sex life, displaying pornographic or explicit images, emails with content of sexual nature, unwanted physical contact and/or touching, and sexual assault.
Finally, victimisation is when an employee suffers some form of disadvantage, damage, harm or loss because of their sex, or for making/supporting/giving evidence in a complaint about discrimination.
As an employer, it is part of your duty of care to ensure that discrimination does not take place at work, as well as implementing practices and procedures to resolve any discrimination issues that may occur. Failure to do so can enable the discriminated employee to make a claim for compensation, of which they may be able to claim up to a 4 years’ salary.
All employees should be made fully aware that discrimination will not be tolerated in the workplace, as it can have a massive negative impact on the victim’s life. Being discriminated at the workplace can make the victim’s feel degraded and humiliated, have low morale and productivity, have increased absences and could potentially gain work related stress illnesses.
It is significant for employers to have harassment and bullying policy in place, as discrimination in the workplace is at their liability. The employer must also ensure that all employees fully understand the policy, and feel that they can talk to somebody if they feel that they are being discriminated in any form.
These policies should be put in place in order to prevent sex discrimination in:
- Determining pay, and terms and conditions of employment
- Training and development
- Selection for promotion
- Discipline and grievances
- Countering bullying and harassment
- When an employee is dismissed.