Sex or Sexual Orientation Discrimination
Have you been discriminated against in the workplace or unfairly dismissed on the grounds of your sex or sexual orientation?
An example of sexual orientation discrimination would be if you were treated unequally in the workplace because of your sexual orientation, perceived orientation or the orientation of someone with whom you associate (see below). The Equality Act 2010 has deemed that sexual orientation is a ‘protected characteristic’. Therefore, discrimination on the grounds of one’s sexual orientation is unlawful.
Sexual orientation discrimination can arise in multiple ways:
The above can apply at the interview stage, in the terms and conditions upon which you are being offered employment (or whether you are offered employment at all), in the promotion stage and transfer opportunities, when being dismissed from your job, or subjected to any other kind of detriment.
If you feel you have been treated less favourably because of your sexual orientation, you may be able to make a claim to an Employment Tribunal.
Get in touch with our Employment Law experts. Call us on 0800 612 9509 or fill in our contact form.
An example of sex discrimination would be if your employer discriminated against you because of your sex. Discrimination on the grounds of one’s sex is prohibited by the Equality Act 2010.
Similarly to sexual orientation discrimination, sex discrimination can arise in multiple ways:
The above can apply to all stages of your employment including recruitment, promotion and if you are dismissed. This includes, if you are an employee, working through an agency, you are a contractor, freelancer or self-employed, doing work experience or an apprenticeship or you are a partner within the business or a director.
If you feel you have been treated less favourably because of your sex, you may be able to make a claim to an Employment Tribunal.
Get in touch with our Employment Law experts. Call us on 0800 612 9509 or fill in our contact form.
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Note: Direct Discrimination cannot be justified under any circumstances save when the Protected Characteristic is Age.
S13 provides that a person (A) discriminates against another (B) if:
Note:
There is no longer a need in Direct Discrimination for B to actually possess the prohibited characteristic themselves allowing “Associative Discrimination” as a wholly new concept. So, the Act covers less favourable treatment by A of B on the grounds of another person’s (C’s) protected characteristic.
Under Associative Discrimination, the victim of discrimination need not possess the protected characteristic. For example, a less favourable treatment of B by A because A believes B is gay is still protected even if B is not gay. Further, homophobic bullying even though the perpetrators knew that their victim was not gay is protected.
Indirect Sex or Sexual Orientation Discrimination looks beyond formal equality towards more substantive equality of results. For example, criteria that appear neutral on their face may have a disproportionately adverse impact upon people of a particular colour, race, nationality or ethnic or national origin. Essentially this looks at the discriminatory impact of ostensibly neutral requirements.
A person A discriminates against another B if A applies to B a provision, criterion or practice (PCP) which is discriminatory in relation to a relevant protected characteristic of B’s.
A PCP is discriminatory in relation to a relevant protected characteristic of B’s if A applies, or would apply, the PCP to persons with whom B does not share the characteristic, but:
Note:
Indirect Discrimination can be justified (unlike Direct Discrimination (save when the PC is age)) if it is shown to be a proportionate means of achieving a legitimate aim.
Note:
The section applies to all protected characteristics excluding “pregnancy and maternity” and marriage/civil partnership.
Unlike Direct Discrimination – there is no need for a Comparator.
Three forms of harassment are covered s26 (1) to (3):
Harassment occurs where A engages in:
And the conduct has the purpose or effect of either:
OR:
And because of B’s rejections of or submission to the conduct, A treats B less favourably than A would treat B if B had not rejected or submitted t the conduct.
Note:
In deciding whether the conduct in question has the effects referred to, one must have regard to (S26(4)):
There is no need for a Comparator.
A victimises B if A subjects B to a detriment because:
Protected acts include:
Note: Giving false information or making false allegations is not a protected act if given or made in bad faith.
For further advice and a free consultation with an expert employment law solicitor, please get in contact on 0800 612 9509. Alternatively, complete our free Employment Tribunal Claim Assessment form or the contact form below.
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