04. Sex discrimination

There are two laws which make sure that men and women are treated equally:

• The Sex Discrimination Act 1975 (as amended 1986) makes it unlawful to discriminate against men or against women in employment, education, housing, or providing goods and services, and also in advertisements for these things. It's also against the law to discriminate against someone because they are married, but only in work-related matters.
• The Equal Pay Act 1970 (as amended 1984) says that women must be paid the same as men when they are doing the same (or broadly similar) work, or work which is of equal value. European law also says that women and men should receive equal pay for equal work. For more about this, see 'Equal pay'.

Applying for a job
The Sex Discrimination Act makes it unlawful for an employer to discriminate because of your sex or whether you're married when choosing someone for a job. It covers three areas.

• When deciding who should be offered the job. This includes the job description, the 'person specification' (the description of the skills, experience and qualifications needed to do the job), the application form, the short-listing process, interviewing and final selection.
• The terms and conditions of the job, such as pay, holidays or working conditions.
• By deliberately not considering your application.

The Sex Discrimination Act covers contract and part-time workers as well as full-time or permanent staff.

An example of direct sex discrimination would be refusing to consider you for a job just because you are a woman, or because you are a man (for example, refusing to consider a man for a job as a secretary).

An example of indirect sex discrimination would be saying, without good reason, that everyone applying for a job must have been in the armed forces. Because fewer women than men have been in the armed forces, a woman would be less likely to get the job.

Treating a married person less favourably than a single person of the same sex is also unlawful under the Sex Discrimination Act. It would be 'direct marriage discrimination' if an employer refused to employ a married woman just because they thought that she would be more likely than a single woman to leave to have a baby.

'Indirect marriage discrimination' could happen if, for example, an employer said that everyone applying for a job must move to a new location. This could discriminate against married staff unless the employer could show that moving was essential to the job.

When an employer is allowed to discriminate
In some cases employers are allowed to offer a job only to men, or only to women. This is called a 'genuine occupational qualification' (GOQ). The main cases where an employer is allowed to do this are:

• for privacy and decency, for example, employing a male care assistant because he has to help men dress or use the toilet;
• for personal welfare services, for example, employing women counsellors for a women's welfare charity;
• where the employee has to live on work premises and there aren't separate sleeping areas for men and women;
• for some jobs in single-sex institutions, such as hospitals and prisons;
• for some jobs in private homes, such as a live-in carer;
• where the job has a real physical need, such as to model women's clothing, or for reasons of authenticity - such as in a dramatic performance;
• in some cases, where the job is outside the UK; and
• where the job requires a married couple.

However, employers cannot use a need for strength or stamina in a job as a reason for not looking at applications from women, for example.

Being dismissed or made redundant
An employer cannot discriminate against women or men when dismissing people or making them redundant. This means that, for example, it would be against discrimination laws to:

• dismiss a man if he took time off work to care for a sick child, if a woman wouldn't have been dismissed for the same reason;
• dismiss someone for being frequently late for work if someone of the opposite sex who was late just as often was not dismissed; or
• have a company policy which says that staff with the shortest length of service are to be the first in line for redundancy, because women are more likely to have taken a career break for family reasons.

For more information about your rights if you are dismissed, or facing redundancy, see the Community Legal Service leaflet, 'Employment'.

Having a child
Discrimination laws could be broken where a woman is pregnant, or needs to care for her children, and she is:

• dismissed or made redundant;
• refused promotion; or
• treated differently in some other way.

Examples of this kind of discrimination include:

• if a woman is moved to a less rewarding job when she comes back to work after having a baby; and
• if a breast-feeding mother was told she could come back to work only if she worked fixed full-time hours. The employer would have to show that she really needed to work full-time and that, for example, she could not do part of her job at home.

Equal pay
The Equal Pay Act entitles you to claim equal pay for work which:

• is the same or broadly similar (known as 'like work') to that done by someone of the opposite sex (known as the 'comparator'). The comparator must be working for the same employer as you; or
• even though it may be quite different, is of 'equal value' to the comparator's job in terms of the demands on you.

The Equal Pay Act also covers most other terms of your employment, for example:

• working hours;
• holidays;
• sick pay; and
• pensions.

Most equal-pay complaints are by women, but the law also applies to men who are paid less than women for the same work.

If you believe that you are not being paid the same as someone else of the opposite sex for the same work, you should first take up your complaint with your employer, through their grievance procedure (if they have one).

If that doesn't work, you can take an equal-pay claim to an employment tribunal. If the jobs being compared are fairly similar, it is usually best to make a 'like-work' claim as well as an 'equal-value' claim. The tribunal will examine your like-work claim first and, if that fails, it will go on to consider the equal-value claim.

The process of taking either a 'like-work' or 'equal-value' claim can be complicated. Even if the tribunal decides that you are doing like- or equal-value work, the employer may be able to convince them that there is a 'material factor' (a good reason other than your sex) why you are paid less. You can get more details and advice about the process from the Equal Opportunities Commission (see 'Further help' for details).

You can get advice and support about taking a claim from your union if you have one, or from a law centre, Citizens Advice Bureau or solicitor. See 'Further help' for details.

Part-time work
The Sex Discrimination Act and the Equal Pay Act cover all workers, including people who work:

• part time; or
• on casual or temporary contracts.

In an equal-pay claim, a part-time job can be compared with a similar full-time job on a pro-rata basis (that is, based on the number of hours each of you work).

Because most part-time workers are women, if they are treated worse than full-time workers, this could amount to indirect discrimination under the Sex Discrimination Act. If you want to work part-time (or flexitime, at home, or in a job-share), because, for example, you need to care for a child, and your employer refuses without good reason, you might have a claim for indirect discrimination.

Part-time workers are also protected by the Part-Time Workers Regulations 2000 which give them the right to the same pro-rata contractual benefits (rates of pay and holidays, for example) as full-time workers doing the same work. Similar rights apply to workers with fixed-term contracts under the Fixed-Term Employee Regulations, 2002. In both of these cases, it doesn’t matter whether the workers being compared are the same sex or not. For more on this, see the Community Legal Service leaflet, 'Employment'.

Sexual harassment
Sexual harassment is unwanted physical or non-physical behaviour of a sexual nature towards you. At work, it can include:

• comments about the way you look;
• indecent (offensive) remarks;
• requests for sex (sometimes in return for a promotion or other benefit); and
• any similar behaviour which creates an intimidating, hostile or humiliating atmosphere at work.

Sexual harassment usually counts as direct sex discrimination under the Sex Discrimination Act because you are being treated in a way that someone of the opposite sex would not be. If someone is harassing you and they don't stop when you ask them to, you should tell your employer (unless, of course, they are the person doing it).

The law says that employers are responsible for discrimination by their employees or their clients. Many employers treat sexual harassment by their staff as a disciplinary offence, and they should discipline the person harassing you. If your employer does not do anything, you can take a claim against them to an employment tribunal. In many cases you could also take the person harassing you, or your employer, to court.

You could also go to court if you're sexually harassed by someone unconnected with your workplace. But in some cases there may be a special complaints procedure to follow (for example, if the person who has harassed you was your doctor). You should get expert legal advice (see 'Further help' for details).

If you are having a relationship with someone at work
Some employers won't employ:

• the husband or wife;
• the partner; or
• a relative;

of someone working for them.

Some employers also don't allow workplace 'affairs'. This is not against the Sex Discrimination Act, as long as men and women, and married and unmarried staff, are treated equally. Otherwise it could be considered discrimination. An example of discrimination is if a woman was transferred to another office or department when she didn't want to be because she was having a relationship at work, when a man would not have been transferred in the same circumstances.

If you are buying or renting a house or flat
It is illegal to discriminate against someone because of their sex when selling or letting a house or flat. It is also illegal for a landlord to treat tenants differently because of their sex. However, the Sex Discrimination Act doesn't apply where the landlord (or a close relative of theirs) lives in the same building and shares some of the living areas (including a kitchen or bathroom, but not a hall or stairway) with the tenant.

It's also illegal for a bank or building society to treat someone less favourably in granting a loan because of their sex, or because they are pregnant. If, for example, a couple apply for a joint mortgage and the woman earns more than the man, the lender must use her income as the higher one in working out how much they will lend. And offering mortgages only to people who work full time is also seen as discrimination, because more women than men work part time.

Going to school or university
Mixed-sex schools, colleges, adult education centres and universities must not discriminate against parents or children because of their sex. For example, careers advisors must provide advice and help in the same way to boys as girls. Single-sex schools must not restrict the types of subjects they teach just because they have only boys or only girls as pupils. Schools and colleges must also deal with sexual harassment in the same way that employers do (see 'Sexual harassment').

If you feel your child is facing sex discrimination, you should first try to discuss the problem with the teacher or headteacher. If that doesn't solve the problem, you should complain to the school governors or the local education authority.

For advice about dealing with this kind of problem, contact the Equal Opportunities Commission or the Advisory Centre for Education (see 'Further help' for details). For more information about legal rights at school, see the Community Legal Service leaflet, 'Education'.

Buying and using goods and services
The Sex Discrimination Act makes it unlawful for businesses to discriminate against men or women in the 'goods, facilities and services' they provide. This means refusing a service, or deliberately not providing it on the same terms and of the same quality. It covers things which are free, as well as those you pay for. The main ones are:

• shops;
• public places, such as hotels, restaurants, bars, nightclubs and leisure centres (for example, only offering women free or cheaper admission or drinks would be a breach of the Sex Discrimination Act);
• bank accounts, loans, credit cards and insurance;
• travel and transport services that are either public or offered by private companies and travel agents; and
• services supplied by local authorities (such as leisure services).

There are several exceptions to the law, where discrimination against men or women may be allowed. These are:

• private members' clubs;
• services which are only for men or only for women, to avoid 'serious embarrassment' (for example, women-only saunas);
• insurance policies where it can be shown that women are a better or a worse insurance risk than men; and
• voluntary organisations, care homes and charities which provide services only for men or only for women.