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By virtue of the Sex Discrimination Act 1975 it is illegal for an employer to engage in discrimination based on gender however there are some exceptions including advertising in gender-specific positions, such as toilet attendants or in hospitals and prisons and advertising for actors for gender specific roles in film or television. In the event of bias, a sex discrimination solicitor can take legal action in the Employment Tribunal claiming unlimited damages. Employers in general must not show bias in the following areas:

Direct and Indirect Actions

Sex discrimination solicitors have to deal with two types of unlawful behaviour.

Treatment that is blatantly discriminatory toward an employee’s gender including advertisements for employment which state words to the effect of “this is heavy work - males only”.

Subtle policies may not on the surface give the appearance of being discriminatory, but may indirectly favour or single out a certain gender. An employment notice which states “applicants must be over 6 feet tall” is clearly discriminatory.

Employer Liability

Employers are accountable to their employees and must ensure that incidents of gender-based discrimination do not occur in the workplace even if the employer was not actively involved. Upon application by a sex discrimination solicitor, the Employment Tribunal may find that an employer is also answerable for episodes that take place outside the workplace. Compensation may be due to an employee even if the Employment Tribunal determines that the location of the errant behaviour had only a vague connection to the workplace.

Sexual Harassment

Sex harassment involving physical contact(which may constitute a serious criminal sexual assault) is illegal and should be reported to appropriate authorities promptly. Conduct not involving physical abuse which is unlawful includes:

The Sex Discrimination Act 1975 protects employees from acts of sexual harassment, regardless of their situation, including people who are undergoing gender change. This legislation places the responsibility for workplace safety in the hands of the employer and makes it illegal for an employer to sexually harass or allow sexual harassment to occur. Even if an incident of unwelcome or unwanted conduct happened in a place other than the workplace, the Employment Tribunal may find the event was in fact an “extension” of the work area. There are no maximum amounts placed on compensation and there are no mandated preconditions, such length of employment or statutes regarding hours on the job. The Sex Discrimination Act 1975 applies to:

There are two types of sexual harassment

Unwelcome conduct based on gender:

Unwelcome conduct must be centered on acts that have “the intent or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.” The conduct itself does not have to be sexual in nature; it could be an act of bullying or intimidation. Nonetheless, it must be demonstrated that the individual accused, engaged in the offensive behaviour toward another because of his or her gender.

Unwelcome conduct of a sexual nature:

This type of misconduct can be classified as the verbal, non-verbal (such as licking one’s lips while looking lustfully at another), or physical actions that are done with “the intent or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.”

Solicitors Legal Advice

Our sex discrimination solicitors deal with employment compensation claims using the no win no fee scheme known as a conditional fee arrangement. A previously agreed percentage of any damages settlement is the basis for legal fees due under a no win no fee agreement. If the solicitor doesn’t win compensation for you then you aren’t obligated to pay anything.