Sex Discrimination Act

 
This is a basic introduction to the intricacies which are in the Sex Discrimination Act 1975. This Act is going to be reviewed shortly and the amendments will be added at that time. The information contained in this website is not a substitute for legal advice.
 
The Sex Discrimination Act 1975
Includes a breakdown of discrimination

• Sex discrimination against woman
• Sex discrimination against men.
• Discrimination on the grounds of gender reassignment
• Discrimination against married persons in employment field.

It is important to know about the law on sex discrimination if:
• You want to know your rights
• You plan to employ someone
• You provide training
 
Direct Sex Discrimination is when someone or a group decide to treat another person in an unsatisfactory way due to their gender, race or marital status. This can be in relation to:
• Recruitment
• Training
• Promotion
• Selection for redundancy

Indirect Discrimination –
 
The Sex Discrimination Act now has two definitions
1. Relates to employment and vocational training
 It is unlawful to apply a provision which is unjustifiable to a proportion of members of one gender
2. Related to the provision of education, goods, facilities, services and premises

Positive discrimination
 
This is where someone is given preferential treatment because of their gender when selected.

“Can claims of Discrimination be made to Employment Tribunals?”
 
If you feel that you have been discriminated against, you may take a complaint to an employment tribunal within three months of the act complained of. There is no age or length of service requirements to bring a claim. You do not have to have left employment before making a tribunal claim.
 
Sex discrimination against woman
In law you as an employer are not allowed to favour one person you employ by discriminating against another person due to their sex. In the same way you are not allowed to put restrictions on a job role that excludes women or makes it so difficult that women could not comply with the requirements.
 
Sex discrimination against men
In law you as an employer are not allowed to favour one person you employ by discriminating against another person due to their sex. This Law works the same way for men, discrimination or conditions which mean a restriction limiting the job role is unlawful.
 
Discrimination on the grounds of gender reassignment
You must not discriminate against anyone who has undergone gender reassignment or is about to undergo reassignment unless; it is a genuine qualification and is justifiable that a specific gender is a prerequisite for the job role.
 
Discrimination against married persons in employment field.
As an employer you are not allowed to discriminate in favour of an unmarried person – married persons are to be afforded the same opportunities and conditions as those who are not
 
Unless an employment gender description is a genuine and justifiable qualification for the specific role, you will be required to take certain considerations into account when creating a job description.
 
When considering creating job roles:

• Fairness to either gender must be applied
• Restrictions should be able to be complied with by both sexes
• Conditions to the detriment of either sex must be avoided
• Modifications should be made if possible to ensure equal opportunities
• Payments must be equal for the same job role
• Promotion and benefits should be deployed equally