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SEX DISCRIMINATION ACT 1975 - COMPENSATION CLAIM SOLICITORS
- The Sex Discrimination Act 1975 - Under the terms of the Act, it is illegal to treat people differently because of their marital status or sex.
- The Equal Opportunities Commission Code of Practice 1985 – This code dictates that a business must provide equal opportunities in the workplace to both men and women.
- The Equal Pay Act 1970 – This act requires employers to give equal pay to men and women who perform the same job.
- The Employment Equality Regulations 2003 - These regulations make it illegal for an employer to discriminate against a person because of their sexual preferences or sexual orientation.
To receive compensation for sex discrimination, you must make an application to the Employment Tribunal. The Tribunal will review the evidence and the facts of your case in order to determine whether there has been a violation of one or more of the applicable statutes. Below are the acts, code and regulations that govern issues related to sex discrimination:
There is no legal requirement that you use the services of a solicitor when making an application to the Employment Tribunal, and you are free to attend the hearing without legal representation. However, a substantial amount of monetary compensation is at stake. There is no statutory cap on the amount of compensation the Employment Tribunal can award in cases of sex discrimination. Also, the employer involved will almost always hire a highly experienced solicitor to represent their interests.
Sex discrimination falls into one of two different categories. First, the discriminatory behavior can be direct. Direct sex discrimination occurs when an employer treats a person differently because of that person's sex. With direct sex discrimination, the illegal behaviour is blatant and irrefutable.
The second type of sex discrimination, indirect discrimination, is much more subtle. Rather than outright discriminatory treatment, indirect discrimination occurs when an employer denies equal employment opportunities to job applicants of a given sex by intentionally placing obstacles in their way. For instance, an employer might arbitrarily require that job applicants be at least 6 feet in height in order to be considered for the position. This type of height requirement would amount to a bigger obstacle for women than for men.
Additionally, it is illegal for an employer to terminate or treat an employee unfavourably because of a condition unique to their gender. One of the most common examples of this is pregnancy. It is unlawful for an employer to terminate a woman for being pregnant or for going to her antenatal doctor appointments.
Note, however, that there are times when "positive" sex discrimination is permissible. For instance, the employer may limit the position of toilet attendant to members of that same sex. Another example would be hiring same sex models for women's or men's clothing.
Contact us today for free, no obligation advice on sex discrimination compensation claima. Specialist employment solicitors can provide representation to anyone located anywhere within the United Kingdom. Simply telephone us on our helpline or email our offices or complete the contact form.