Solicitors for sex discrimination claims

Our specialist employment lawyers, based in our offices in London, Surrey and Kent, advise and represent employees who have been subjected to unfair treatment, harassment, or victimisation based on sex, gender, or pregnancy status.

We will carefully assess your situation, and provide clear guidance on your options under the law, gather evidence, interview witnesses, and build the strongest possible case. If necessary, we will  represent you in claims in the Employment Tribunal whilst also negotiating skillfully with employers where possible to achieve the right financial settlement  for you.

What is sex discrimination?

The Equality Act 2010, provides strong protections against any form of discrimination based on sex or gender. This article aims to shed light on what constitutes sex discrimination, types of claims, and the legal avenues available to challenge such behaviour.

Sex discrimination occurs when an employee or worker faces unfair treatment due to their sex. This can apply to both men and women, and includes unfavourable treatment based on pregnancy, maternity, and gender reassignment.

Types of Sex Discrimination

  • Direct Discrimination: An employee is directly treated worse than others because of their sex (e.g., denying promotion opportunities to women, or paying men more for the same work).
  • Indirect Discrimination: Workplace policies or practices, while seemingly neutral, create a disadvantage for a particular sex (e.g., requiring full-time work when it disproportionately impacts women with childcare responsibilities).
  • Harassment: Includes unwanted conduct related to sex that violates a person’s dignity or creates an intimidating, hostile, offensive, or degrading environment.
  • Victimisation: An employee suffers mistreatment because they have complained about sex discrimination or assisted a colleague with a discrimination claim.

Claims usually need to be made within three months (less one day) from the discriminatory incident. Early legal advice is crucial to avoid missing deadlines. Claims for sex discrimination often also include claims for unfair dismissal, breach of contract, constructive dismissal (forced resignation), or discrimination specific claims.

Proving Sex Discrimination

The burden of proof initially falls on the employee to show a reasonable basis for suspecting discrimination. If the suspicion is established, the burden shifts to the employer to provide a non-discriminatory reason for their actions.

Remedies in Sex Discrimination Cases

If successful, the Employment Tribunal can order:

  • Compensation: This can be financial, covering lost earnings, or damages for hurt feelings and distress. There is no cap on the compensation amount for discrimination cases.
  • Recommendation: The tribunal can recommend changes to the employer’s practices to prevent future discrimination.
  • Declaration: A formal statement by the Tribunal that the employer has discriminated against the employee.

Importance of Legal Advice

Sex discrimination cases are often complex and can be emotionally taxing. Hiring an experienced employment lawyer will significantly improve your chances of success.

Please do call or email us to find out how we can help and more about our expertise and track record.