Gender Unlawful sex discrimination happens when someone is
treated unfairly because of their gender. Women, men and transsexual
people can all experience sex discrimination.
Sex discrimination also includes treating someone less favourably
because they are married or in a civil partnership: for example, by not
hiring married women.
For information on how to make a complaint if you think you have
experienced sex discrimination, see Using your rights.
This section includes information on your right to
be free from sex discrimination: ●at work ●in education ●as a consumer ●in public services.
Sex
discrimination: your rights at work Women and men, including transsexual people, have the right not to be
discriminated against at work because of their sex. This section gives
information about this right from the worker’s point of view.
What is sex discrimination at work? The law recognises four forms of
discrimination: ●Direct discrimination ●Harassment ●Indirect discrimination ●Victimisation.
Direct discrimination Direct sex discrimination is less favourable treatment of a woman than a
man (or vice versa) because of their sex.
Example An employer transfers a woman from her post against her will because she
is having a relationship with a colleague. If the employer does not
transfer men in the same circumstances, this transfer may be direct sex
discrimination.
Example A hospital insists that a male nurse has a chaperone when
seeing patients. If a female nurse is not required to have a chaperone,
this requirement may be direct sex discrimination.
Harassment It is against the law to subject employees or vocational
trainees to harassment on grounds of their sex or gender reassignment.
Harassment is a form of direct discrimination.
Sexual harassment is defined as unwanted behaviour that takes place
simply because someone is a woman or a man. The behaviour is done with
the purpose of, or has the effect of, violating the person’s dignity, or
it creates an intimidating, hostile, degrading, humiliating or offensive
environment for her (or him).
Example 'I am a female apprentice electrician and all my colleagues are men. I
feel like even though my work is of a high standard, my boss constantly
criticises me and shouts at me whereas he does not bully the men in this
way. A new male apprentice has started at work and he is receiving much
more one to one training and assistance. I asked for the same training
which I need in order to complete my apprenticeship but my boss called
me a 'stupid little girl' and said that if I couldn't do the job
properly I should leave. My colleagues often play tricks on me such as
putting my tools on a high shelf where they know I can't reach them.
They do not behave this way towards one another.
I am now keeping a diary to record all these incidents so that I can
make a complaint.'
In this example, the employee’s written diary could provide important
evidence of a pattern of unlawful behaviour. The evidence could show
that she has suffered direct sex discrimination (in access to training
and being criticised where males are not). She could also show that she
is being harassed on the grounds of her gender if she could show that
the treatment created a humiliating and degrading work environment for
her.
Indirect discrimination Indirect sex discrimination occurs when an employer applies a provision,
criterion or practice equally to both women and men that puts one sex at
an unfair disadvantage.
Example An employer specifies that applicants for a job must be over
six feet tall, even though this would not affect the person’s ability to
do the job. This would be indirect discrimination against women, since
it would be harder for them to fulfil this criterion.
Victimisation Victimisation occurs when you are treated less favourably than others
because you make a complaint of discrimination or support someone else
to do. If you are denied promotion or training or are moved away from
your usual workplace because of your involvement in a complaint of sex
discrimination, this may be considered victimisation.
Claims of victimisation can also be taken to an employment tribunal.
There must be clear evidence that the victimisation is due to
allegations about discrimination that you made, or due to your
supporting someone else's complaint.
Sex discrimination in education You have the right not to be discriminated against because of your sex
in education or when you apply for a place on a course or at a school or
college.
These rules apply to both state-funded and private schools,
universities, Further Education colleges and other education providers.
What is sex discrimination in education? Discrimination in education can happen in several ways, for example:
Direct sex discrimination A mixed sex school attempts to maintain a gender balance in the school
by admitting one sex and not another when places are limited. This is
likely to constitute direct sex discrimination and to be unlawful.
Indirect sex discrimination You may experience indirect sex discrimination if a condition or
requirement of admitting you to a course or institution applies equally
to both male and female applicants but, in fact, significantly fewer
members of one sex would be able to comply with it.
In order to show indirect sex discrimination has taken place, it is
helpful to have statistics to show that the condition would adversely
affect more members of one sex.
Harassment It is unlawful for the governing body of an institution of further or
higher education to subject you to harassment if you are a student at
the institution or have applied for admission to the institution.
This would also apply if you were being harassed by an employee of your
college, as the college would probably be liable for the harasser's
acts.
Harassment is defined as either: ●unwanted conduct of a sexual nature which
violates your dignity or creates an intimidating, hostile, degrading,
humiliating or offensive environment for you or; ●unwanted conduct on the grounds of your sex
which has the same effect. This does not have to be sexual in nature and
could include, for example, being bullied, if you feel that the harasser
would not treat somebody of the opposite sex in this way.
Sex discrimination as a consumer This section contains information about your right not to suffer from
sex discrimination as a consumer, for example when you use or buy goods
or services. We explain what action you can take if you are
discriminated against because of your sex.
For more information on consumer rights such as product guarantees and
trading standards issues, visit the
DirectGov website. (external link)
What is sex discrimination in services? Goods or services that are available to the public must be provided in a
way that does not discriminate unfairly on the grounds of gender.
There are three ways that a service provider might discriminate on the
grounds of gender: ●refusing to provide you with a service ●providing you with a lower standard of
service ●providing you with a service on worse terms
Depending on the circumstances, this might constitute direct or indirect
discrimination.
Direct sex discrimination Example: A private landlord renting out a shared house requires a higher deposit
from groups of men than from groups of women. This is likely to be
unlawful direct sex discrimination.
Indirect sex discrimination Example:
A mortgage provider refuses to provide someone with a mortgage because
they work part-time. Because a large majority of part-time workers are
women, this is likely to be unlawful indirect sex discrimination.
What is a service provider? A service provider is an organisation that provides goods, facilities or
services to the public, whether paid for or for free, no matter how
large or small the organisation is.
The definition of “service provider” is quite broad: it includes most
organisations that deal directly with members of the public. For
example, a manufacturer that sells goods only through retailers would
not be considered a service provider, but the retailers would.
Similarly, an investment bank that deals only with other companies and
not with the public would be excluded from the definition; a high street
bank, though, would be included.
Services also include public amenities like parks, public buildings,
leisure facilities and railway stations, whether they are run by the
government or by private companies.
Sex discrimination in public services
This section is about your right not to experience sex discrimination as
a consumer of services provided by public bodies. For more information on consumer rights such as product guarantees and
trading standards issues, visit the
DirectGov website. (external link)
For more on the responsibilities of public bodies to avoid
discrimination, see Public sector duties.
What is sex discrimination in public services? When goods or services are provided by a public body, they must be
provided in a way that does not discriminate unfairly on the grounds of
gender.
As well as this legal requirement not to discriminate, under the Gender
Equality Duty public bodies have additional responsibilities to actively
promote equality. Read Public sector duties for more information.
Sex discrimination in services provided by public bodies could happen in
areas such as: ●providing transport services ●providing treatment or medication to male
and female patients and the availability of health services to men and
women ●providing accommodation such as housing,
refuges etc
The Sex Discrimination Act applies differently to public bodies when
they provide a service that could not be provided by a private body (for
example, deciding on custody of children in divorce cases). However, the
Human Rights Act may still apply. See Sex discrimination in public
services: what the law says for more information.
Direct sex discrimination Examples may potentially include: ●Asking a woman questions about childcare in
an interview which are not put to male candidates ●Treating a woman adversely because she is
pregnant.
Indirect sex discrimination Where a condition or requirement is applied equally to both women and
men; but which adversely affects one sex and is not genuinely necessary,
it may amount to indirect sex discrimination. Examples include: ●Applying a height restriction for a job ●Having a requirement that all employees
must work full time.
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