Editor's message: The concept of direct discrimination under the Equality Act 2010 is very wide. As well as the less favourable treatment of a person because of his or her own sex, direct sex discrimination extends to less favourable treatment because of a person's perceived sex, even where that perception is wrong. This could occur, for example, where an employer rejects a CV from a man who it wrongly believes to be a woman because of his name.
Direct sex discrimination also covers the situation where a person is treated less favourably because of someone else’s sex, for example because of the sex of his or her colleagues, friends or relatives.
We explain direct sex discrimination in Employment law manual > Equality and human rights > Sex discrimination > Direct discrimination.
Ashok Kanani, employment law editor
Updated to include information on XC Trains Ltd v CD and others, in which the EAT considered whether or not the employer's requirement to work on Saturdays was justifiable indirect sex discrimination.
A table listing the sex discrimination awards made by employment tribunals in 2015/16.
When can an employer turn down an employee's request for flexible working on her return from maternity leave? In two recent tribunal decisions, employers were able to show that the potential disruption to the business justified their rejection of a new mother's flexible working request.
This employment tribunal held that an employer properly handled a new mother's rejected flexible working request to work from home primarily in the evenings.
This employment tribunal held that it was not indirect sex discrimination for a small investment banking firm to require a single-parent mother to work full time as an executive secretary.
A recent survey by the Trade Union Congress shows that sexual harassment in the workplace is widespread despite legislation outlawing it. Does your business have adequate safeguards in place to protect employees?
Consultant editor Darren Newman considers a recent indirect sex discrimination case arising out of a situation where the requested adjustment to the claimant's working hours would have had a negative impact on her colleagues, who would have had to work more unsociable hours as a result.
Consultant editor Darren Newman considers a recent indirect sex discrimination case that highlights the problems that an employer can face when it has to balance the working-pattern requests of individual employees against the needs of the workforce as a whole, and its need to provide an effective service.
A TUC report on sexual harassment in the workplace has found that 52% of women have experienced some form of sexual harassment at work. Stephen Simpson sets the record straight on 10 myths about workplace sexual harassment.
In Geller and another v Yeshurun Hebrew Congregation, the Employment Appeal Tribunal considered when in a discrimination case it is necessary to enquire further into the motivation and mental process of the employer.
HR and legal information and guidance relating to sex discrimination.