Topics

Sex discrimination

Fiona Cuming

Editor's message: It is unlawful to discriminate against workers in the workplace because of their sex. While the majority of cases concern women, sex discrimination claims may also be brought by men.

The sex discrimination legislation prohibits not only direct and indirect discrimination, but also harassment and victimisation because of the protected characteristic of sex.

The protection against sex discrimination covers all stages of employment, including:

  • recruitment;
  • terms and conditions;
  • pay and benefits;
  • part-time and flexible-working arrangements;
  • training, development and performance appraisals;
  • promotion;
  • dismissal; and
  • references.

Fiona Cuming, employment law editor

New and updated

  • Date:
    20 July 2022
    Type:
    Law reports

    Menstruation: Failure to provide sanitary waste disposal bin in staff toilet was sex discrimination

    In Reilly v RT Management Bridgeton Ltd, an employment tribunal held that a line manager's failure to address an employee's request to have a sanitary waste disposal bin placed in the staff toilet because she was "the only female of menstruating age who used the toilet" constituted sex discrimination.

  • Date:
    1 July 2022
    Type:
    Commentary and insights

    Employment law changes 2022: Mid-year progress report for HR

    As we reach the midpoint of 2022, HR professionals would be forgiven for losing track of all the live employment law proposals and what they mean for their organisation. To assist HR with planning for the rest of the year and beyond, we round up the major employment law changes in the pipeline as of mid-2022.

  • Date:
    24 May 2022
    Type:
    Law reports

    Sex discrimination: Calling a man "bald" is sex-related harassment

    In Finn v The British Bung Manufacturing Company Ltd and another, an employment tribunal held that the male electrician had been subjected to harassment related to sex when the shift supervisor called him "bald" during a heated exchange.

  • Date:
    22 April 2022
    Type:
    Law reports

    Mishandled flexible working requests: Case law round-up

    We look at three successful employment tribunal claims brought over the mishandling of flexible working requests. We also examine two Employment Appeal Tribunal decisions on getting agreement from the employee to extend the three-month decision period and the requirement for a single mother to be available to work late shifts.

  • Date:
    14 April 2022
    Type:
    Law reports

    Sex discrimination: Dismissal of part-time working mother was discriminatory and unfair

    In Long v British Gas Trading Ltd, an employment tribunal held that the selection for redundancy of a part-time employee who was the mother of young children was sex discrimination, less favourable treatment because of part-time working and an unfair dismissal.

  • Date:
    19 November 2021
    Type:
    Commentary and insights

    COVID-related employment cases: 10 key lessons for employers

    Employment tribunals have been deciding coronavirus-related cases throughout 2021. We set out 10 key first-instance rulings related to the pandemic and highlight what lessons employers can learn from them.

  • Date:
    7 October 2021
    Type:
    Law reports

    Sex discrimination: Refusal of flexible working request results in £38,742 award

    In Daly v BA Cityflyer Ltd, the employment tribunal awarded £38,742 for indirect sex discrimination to an in-flight business manager whose request for flexible working on her return from maternity leave was refused.

  • Date:
    24 September 2021
    Type:
    Law reports

    Sex discrimination: Mishandling of flexible working request leads to £184,961 award

    In Thompson v Scancrown Ltd (t/a as Manors), the employment tribunal awarded £184,961 for indirect sex discrimination to an estate agent who resigned following the mishandling of her request for flexible working on her return from maternity leave.

  • Date:
    3 August 2021
    Type:
    Law reports

    Sex discrimination: Male directors dismissed to improve gender pay gap

    In Bayfield and another v Wunderman Thompson (UK) Ltd and others, an employment tribunal upheld the sex discrimination and unfair dismissal claims of two male directors who were dismissed after the advertising agency vowed to "obliterate" its reputation as a "Knightsbridge boys club".

  • Type:
    Employment law manual

    Sex discrimination

    Updated to include information on the Government's response to its consultation on sexual harassment in the workplace.