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The Sex Discrimination Act 1975 These regulations protect you from sex discrimination in all areas of employment, recruitment, pay, promotion, transfers, training and dismissal. The Act also has sections protecting the rights of married people and those in civil partnerships.
You are as much bound by the law as your employer is. It is your responsibility to ensure that you do not discriminate against anyone on grounds of sex in the course of your job. For example, you are not allowed to ask for a colleague of a specific sex to be recruited, or refuse to work with someone on the grounds of their sex, or to make lewd or threatening remarks based on a colleague’s sex or sexual orientation.
In addition to discrimination in the workplace, the law forbids employers to place job ads that discriminate against one sex or the other, unless it’s the kind of role where being of a certain sex is paramount, such as the need for a female model to wear women’s clothes.
Having a healthy mix of sexes in the workplace is good for business. It avoids allowing an excessively ‘laddish’ or ‘girly’ atmosphere to develop, and the sexes tend to work well together, complementing each other’s different skills and styles of work and management. Most employers understand this, and know that it is in their interests to promote an appropriate balance.
How to spot if you’re being discriminated against There are four types of discrimination: direct, indirect, harassment and victimisation.
• Direct discrimination means treating you differently because of your sex, because you are married, or because you have had a sex change. This can include paying you less for the same job if you are a woman, or sacking you because you fall pregnant.
• Indirect discrimination means using other ways to disadvantage you in the workplace; for example, setting a minimum height qualification or refusing to offer part-time or flexible working.
• Harassment means being offensive - either making lewd or offensive remarks, displaying sexually explicit material, or allowing others to do the same.
• Victimisation means treating you unfairly for complaining about discrimination, either against you or on behalf of a colleague.
What to do if you’re being discriminated against First off, talk to your boss. Make it clear that you feel you’re suffering some form of discrimination, and ask them to take action. Put your complaint in writing if you feel it appropriate and ask to speak to any appointed representative in the workplace and share your complaint with them.
If you can’t resolve the matter using your employer’s normal grievance procedure, you can apply to have your case heard by an employment tribunal. If you choose to go down this route, you need to raise your case within three months of the discrimination taking place.
Bearing in mind that you may need to take independent professional advice before doing so, you can’t afford to spend too long thinking about taking action in this way. Always keep detailed records of all correspondence and anything that is said to you concerning your complaint.
If you need professional advice, you can talk to your Trade Union if you’re a member, or contact the Advisory, Conciliation and Arbitration Service (ACAS) which offers free, confidential and impartial advice on employment rights. Alternatively, contact your nearest Citizens’ Advice Bureau or speak to an employment law specialist.
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