Sex discrimination and unfair dismissal

02.02.2018 4 Comments

Instances where sex discrimination may be lawful There are certain circumstances where sex discrimination may be considered lawful. Contact our employment team for more information and help in these areas. If an individual has discriminated against you, you may also have a claim against that person for damages, as well as your employer. Tribunals do have discretion to allow late claims to proceed, but there must be a good reason why a claim was not made in time. A desire to save money has been found not to be a legitimate aim.

Sex discrimination and unfair dismissal

How to bring a sex discrimination claim If you feel that you have suffered discrimination or harassment because of your sex, you should first consider raising a grievance with your employer. If you suspect that you have been discriminated against by your employer, you should take advice as soon as possible. For more information on your rights, please click here. Positive action can occur if an employer or recruiter believes there is an unbalanced workforce, and one sex is therefore under-represented. If no such explanation is put forward or if the tribunal finds the supposed explanation inadequate or unsatisfactory it is open to the tribunal to infer that the discrimination was on the grounds of disability. The EAT upheld all three claims. Good cases can be lost before they start through hesitation or delay. Your employer will then be obliged to convene a meeting without unreasonable delay to discuss your grievance. The complaint could be as informal as a conversation with a manager about the treatment you are being subjected to or making a claim at the tribunal as well as anything in between these two stages. The claimant brought claims for unfair dismissal, indirect sex discrimination and part-time worker detriment. This may be done informally with a line manager first but if the issues are not resolved, a formal grievance can then be made. Further, the requirement to work past 5pm was more likely to affect women due to childcare responsibilities and, in this instance, could not be justified particularly as there had been no consideration of alternative ways of working. The female in this situation may be able to claim that her employer has directly discriminated against her because of her sex. The problem for Ms Cameron in the circumstances was that the Employment Judge believed that the root cause of the treatment that Ms Cameron received was not her gender — he simply wished to make the school more efficient and treated all teachers male and female alike to achieve this. This is because more women than men work part-time or in flexible working arrangements. This case serves as a reminder to employers to consider carefully any policies or practices they have around working hours which may put certain employees at a disadvantage. Please click here to go to the sexual harassment page. This provision would apply to all applicants but women would be at a disadvantage as it is less likely they will be over 6 feet tall. They found that she had been fairly dismissed there seems to be no comment on whether she met the test for constructive dismissal and that she had not succeeded on the balance of probabilities in demonstrating that she had been directly discriminated against. The pair were overlooked for a new position of video producer, which was given to the then senior Sky executive Mike Taylor's personal assistant, Dee Lakhan. You should obtain professional advice as soon as possible if you think you have a claim. A male employee can make exactly the same claim if the situation was reversed. Stone lost her job as a senior content editor on the channel's website while expecting her third child just as she was due to go on maternity leave. An employer would need to show that there are reasonable business needs for the decision to discriminate which will not be easy. Once an employee has established facts from which it may be presumed that discrimination has occurred, it is up to the employer to prove that no such discrimination has in fact occurred. If an individual has discriminated against you, you may also have a claim against that person for damages, as well as your employer. Anyone in an employment situation is protected from discrimination under the Act.

Sex discrimination and unfair dismissal

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4 thoughts on “Sex discrimination and unfair dismissal”

  1. Any claim in the Employment Tribunal will need to be submitted within three months less one day of the discriminatory act. She alleged that problems started for her in January when Mr Geraint Jones joined the school as the new headteacher.

  2. It is unlikely that a male in this situation would be found to have been discriminated against.

  3. Please click here for more information. For further advice and a free consultation, please get in contact on and ask to speak to Philip Landau or any member of the employment team, or email us.

  4. Who is protected by the Act? If this is the case, they may be able to show that they have used positive action to hire someone with the under-represented characteristic.

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