Sex Discrimination

Under the Equality Act 2010 it’s unlawful for an employer to discriminate against you because of your sex (ie whether you are biologically a man or woman). Sex discrimination in the workplace is illegal in any context, including:

• recruitment
• employment terms and conditions
• pay and benefits
• training
• promotion and transfer opportunities
• redundancy
• dismissal

Am I entitled to the same pay as a male employee?

Where men and women, working for the same employer, are doing one of the following they are entitled to the same terms – including the same level of remuneration – in their employment contract:

• the same or similar work (like work)
• work rated as equivalent in a job evaluation study by the employer
• work of equal value

There may be exceptions where there is a genuine material factor which explains the difference.

Pay secrecy clauses in employment contracts are unenforceable if you are trying to find out if any difference in pay is connected with a “protected characteristic” such as sex.

What are my rights at work if I’m going through the menopause?

There are currently no employment laws which specifically relate to the menopause. However, employees who feel they are being discriminated against due to the menopause may be able to bring claims under the sections of the Equality Act which deal with the “protected characteristics” of sex, age and disability.

Click here for further information on dealing with the menopause in the workplace.

What is positive action?

In specific circumstances, an employer is allowed to encourage or offer support specifically to men or women, known as “positive action.”

For example, an employer who has no female managers might offer some training in management skills only to women or encourage them to apply for management jobs. This is permitted under the Equality Act.

Can I sue my boss for sex discrimination?