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This section provides general information on employment law. If you have specific questions, you should seek legal advice from a lawyer or trade union.
WorkLine offers advice on the website, through a confidential phone number or email. The service is sponsored by the UK Film Council and Women in Film and Television, and supported by Goodman Derrick LLP (Employment Lawyers).
The information in this section of the Diversity Toolkit has been compiled by Croner, an organisation providing information, advice and support in the areas of employment, health and safety and environmental compliance.
Sex Discrimination
Summary
The Sex Discrimination Act 1975 (SDA) contains provisions to prevent discrimination against men, women, married persons, civil partners and transsexual people in employment as well as in education, housing and the provisions of goods, facilities and services.
The SDA defines discrimination as direct and indirect, and distinguishes between claims that can be pursued by the individual and those that result in actions by the Equality and Human Rights Commission).
There is no qualifying service necessary to make a complaint to a tribunal and no limits on the compensatory award.
Questions and Answers
Question
We employ agency staff in secretarial roles. One such temp is pregnant and has asked to come back to us after the baby is born if we have further assignments. We would prefer not to have her back. Are we at risk of a claim for sex discrimination?
Answer
It depends on the reason why you do not want her back. You can be liable for sex discrimination towards agency staff. If the reason you do not want her back is due to her performance, this will not be sex discrimination, unless perhaps a pregnancy related illness is the cause of the poor performance. If you do not want her back because she is pregnant, you will be at risk of a successful sex discrimination claim.
Question
We have a young woman who has been working for us for several months and has now come to the HR department and complained that she is being harassed by her male supervisor. There are no witnesses. How should we respond to her allegations?
Answer
You will need to investigate her complaint thoroughly, which will mean obtaining a full description in the first instance of exactly what has occurred. Questions should be asked sympathetically and ideally you should aim for an interview that is more of a counselling interview than a formal investigation.
Once you have obtained a full report, you will be able to interview the supervisor. You will have to decide whether disciplinary action is necessary.
Steps should be taken to ensure that the employees in question do not work together while the investigation is taking place, to prevent the risk of further harassment if the allegation is found to be of substance. The investigation should take place as quickly as possible and should then move to a disciplinary hearing if appropriate. A decision can be made on a balance of probabilities, even if there were no witnesses to the actual incident(s) in question.
Key Facts
- Direct discrimination occurs when a person is treated less favourably on the grounds of sex than a member of the opposite sex.
- Indirect discrimination occurs when a provision, criterion or practice is applied which puts that person at a disadvantage compared with a person of the opposite sex.
- Married persons are protected from discrimination on the grounds of their marital status.
- Individuals are protected from being victimised for bringing or assisting with a claim under the Sex Discrimination Act or Equal Pay Act.
