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This fact sheet will give you some basic information about sex discrimination in employment. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

• Are only women protected from sex discrimination?
• Does the law only apply to the workplace?
• What does sex discrimination mean?
• What is direct discrimination?
• How is this different from indirect discrimination?
• Is this the same as sexual harassment?
• What sort of behaviour is sexual harassment?
• How is this different from victimisation?
• How do you prove sex discrimination?
• What do I do if I have a complaint about sex discrimination?
• What happens if my complaint is successful?
• Where can I get further information?

Are only women protected from sex discrimination?

The law and regulations covering sex discrimination are expressed in terms of discrimination against women. But men have the same protection, except from those aspects relating to pregnancy and childbirth.

The act also bans discrimination on the grounds of marital status. This only covers discrimination against people because they are married. It does not cover single people who are less favourably treated for being single.

There are other laws covering equal pay issues although this won't be covered in this fact sheet.

Does the law only apply to the workplace?

This fact sheet focuses on sex discrimination at work, but other areas such as education and services are also covered by the law.

What does sex discrimination mean?

Sex discrimination is when you are denied opportunities at work, such as promotion, transfer or training, or are treated unfairly when applying for a job. The law also covers any other detriment, which means being put at a disadvantage.

The law covers four types of behaviour - direct and indirect discrimination, harassment and victimisation.

What is direct discrimination?

Sex discrimination is when you are denied opportunities at work, such as promotion, transfer or training, or are treated unfairly when applying for a job.

This is when you are treated less favourably than a man is, or would have been, treated and this is because of your sex.

The law says you have to compare 'like with like'. This means that although you need to compare your treatment with someone of the opposite sex, in every other way they must be in the same position as you. This comparison can be with a hypothetical person.

A useful way of looking at it is the "but for" test. That means asking "would I have been treated in the same way but for the fact that I am a woman�"

How is this different from indirect discrimination?

Indirect discrimination is when your employer has a policy or practice which applies to everyone, including men, but which puts women at a particular disadvantage and can't be justified.

For example, a practice such as everybody in an organisation normally working late on a Friday could be indirect discrimination as it would "tend" to have a negative impact on a woman with young children.

Is this the same as sexual harassment?

No - sexual harassment is a form of sex discrimination, but it has a specific legal definition. It can either be harassment because of someone's sex, or harassment of a sexual nature. It does not matter whether or not victim and the person responsible are of the opposite sex or not.

There is also protection against harassment because of sex change.

What sort of behaviour is sexual harassment?

Sexual harassment is unwanted behaviour that makes you feel intimidated or humiliated either because it is targeted at you for being a woman or because it is of a sexual nature. It doesn't matter whether or not the person deliberately wanted to offend you.

It is also sexual harassment to treat you unfavourably because of your reaction to this kind of unwanted behaviour.

In any of these types of behaviour it is up to you to decide what is acceptable or offensive to you.

How is this different from victimisation?

Victimisation is when you are treated less favourably than someone else because you have made or are about to make a complaint or allegation about equal pay, sex discrimination or sexual harassment.

How do you prove sex discrimination?

If you have a complaint about sex discrimination, you only have to show that you have been less favourably treated. It is then your employer's responsibility to prove this wasnt because of your sex. If they can't, the Employment Tribunal can decide the treatment was sex discrimination.

There are also codes of practice and directives your employer has to follow when you make a complaint. If they don't do this properly then the Tribunal can also rule against them.

What do I do if I have a complaint about sex discrimination?

To make a complaint to the Employment Tribunal, you will normally have to complain to your employer, or former employer, first. You then need to complain to the Tribunal within three months less one day of when the incident happened. If the discrimination takes place over a period of time, you measure this time limit from the end of that period.

You have the right to ask your employer to fill in a questionnaire to help you get information about your complaint. If they don't reply properly, the Tribunal can conclude they were guilty of sex discrimination.

What happens if my complaint is successful?

If the Tribunal agrees with you, then it can require your employer to take action regarding your complaint and possibly pay compensation. Compensation can cover injury to feelings as well as actual and future financial loss. There's no limit on the amount of compensation you might get, but it will only relate to anything caused directly by the discrimination found by the Tribunal.

Where can I get further information?

You must get specialist advice if you think this applies to you. If you would like more information, you can speak to experts at Russell Jones and Walker solicitors. Our contact details are on our website, yourlegalrights.co.uk, or you can ring our freephone number 0800 916 9065.