Sex Discrimination: How Thompsons Solicitors can support your compensation claim

While there have been significant improvements to women's rights over recent decades, many women continue to suffer discrimination.

Thompsons has been at the forefront of supporting women who have been treated unfairly in the workplace because of their gender – including those who have been harassed, victimised and discriminated against. In employment tribunals up and down the United Kingdom and all the way to the Supreme Court, Thompsons has fought to improve the protection for women in the workplace, and won. If you believe you or a loved one have been discriminated against, you may be entitled to start a sex discrimination compensation claim.

 

Thompsons Solicitors' employment rights lawyer, Kate Lea, who works between the firm’s Nottingham and Birmingham offices, discusses some of the most common concerns surrounding a compensation claim for sex discrimination.

FREQUENTLY ASKED QUESTIONS ABOUT SEX DISCRIMINATION

1. What is sex discrimination?

Sex discrimination is the direct or indirect process of favouring one person over another because of their gender, not skills, as well as victimisation or harassment based specifically on gender.

2. Are there laws to protect women at work?

Yes. The Equality Act 2010 outlaws discrimination based on various "protected characteristics" including, but not limited to, sex, marriage and gender reassignment.

3. What sort of discrimination do women face at work?

Sex discrimination can take a variety of forms, including:

• ​Direct discrimination: This refers to a person, or an employer, treating someone differently because of their gender. It is considered discrimination if it can be proven that, on the basis of probability, someone whose gender was different but whose circumstances were the same (or not materially different), would not have been treated unfavourably. Examples include:

 

o   A job interview where only a woman is asked about their domestic circumstances

o   A person being offered a job, despite a candidate of another gender having better qualifications or experience

o   An employer encouraging staff of a specific gender to attend client meetings or work events.

 

• ​​​Indirect discrimination: A business practice that unjustifiably puts employees of one gender at a disadvantage could be considered indirect discrimination. An example could be a requirement to work full time, which may disadvantage working mothers
• ​Harassment: This refers to physical harassment, unwanted sexual comments about someone's appearance based on their gender, or other comments or gestures that could make someone uncomfortable
• Victimisation: Some women may be concerned about raising a grievance or starting sex discrimination proceedings in case they are victimised by their employer
• Discrimination because of gender reassignment: This includes being harassed about a gender reassignment or experiencing less favourable treatment because of absence on medical grounds.

 

4. Are there exceptions?

Yes. The Act does not apply if an employer can prove an occupational requirement that forced them to hire or train staff for gender-based reasons. This could be due to a need for privacy, for example a job where the employee has to enter changing rooms, or a job involving gender sensitivities, such as a rape or sexual assault counsellor.

Exceptions can also be made for organised religions, where a particular gender is preferable to avoid a conflict with religious beliefs.

5. Is there a time limit for making a claim?

Yes. You must make a claim within three months, less one day, of the discrimination happening. In exceptional circumstances this may be extended. Our employment rights specialists can advise you on limitation.

6. I've been experiencing discrimination for a long time. Can I still make a claim?

Yes. If you have been subject to continuous and repeated sex discrimination over several months or years, the time limit is three months less one day from the last act of discrimination.

7. How do I make a compensation claim for sex discrimination?

Trade union members who believe they have suffered sex discrimination can get free legal support (accessed via their union) and Thompsons Solicitors will be instructed if there is a case to pursue. As members, they will not pay a penny in legal fees, win or lose.