Sex Discrimination
Employees must not be treated less favourably because of their sex. Examples of cases we have dealt with have included:
- Allocation of jobs under the ‘old boys’ network’
- Sexual harassment- unwanted or degrading behaviour at work
- Dismissal of a senior banker in circumstances where the same facts applied to a male colleague
With all discrimination claims, the worker must set out primary facts from which inferences of discrimination may be drawn. It is unlikely that clear evidence of discrimination will be available but if the circumstances of the person complaining against can be compared with another employee (usually a female compared to a male) and there is no ‘innocent explanation’ that is normally all that is required.
Workers should normally use the employer’s grievance procedures first.
Discrimination awards tend to be higher because of injury to feelings can be compensated.