SEX DICRIMINATION COMPENSATION

Our panel solicitors deal with claims on behalf of employees relating to employment matters including advising on sex discrimination compensation claims. They are experts in their field and where possible they negotiate settlement failing which they will make application to an Employment Tribunal to resolve any dispute.

Sex Discrimination Act 1975

The Sex Discrimination Act 1975 makes it unlawful for any individual to be treated differently because of gender in regards to recruitment, job, training, promotion, work practices, dismissal or any in regards to any other relevant matter. The act applies to both men and women and covers marital status. There is no qualifying period of employment and compensation that may be awarded is unlimited.

Direct & Indirect

Sex discrimination is divided into the categories of ‘direct’ and ‘indirect’ :-

Direct

This occurs when a person is treated differently on the basis of gender and it is usually very obvious to any observer.

Indirect

This is a more subtle method where an employer applies a policy or requirement that does not appear to be related to gender but has a greater effect on one sex than on the other.

Employer Pays

Even though an employer may have had nothing whatsoever to do with the offending actions, it is the employer that is responsible for the harm caused and it is the employer who will be the defendant in any action for compensation in the Employment Tribunal. There are circumstances where the employer will be liable for events that occur outside working hours if they are vaguely related to work such as a Christmas party or a round of drinks in the pub after work as this is considered by the Employment Tribunal as an extension of the workplace environment. Employers can sometimes defend an application if they can show that they took all reasonable steps to prevent this unlawful behaviour from occurring but this is a defence that rarely succeeds.

Constructive Discrimination

There are circumstance where ‘constructive sex discrimination’ is not unlawful and it would be lawful for example for a local authority to advertise for toilet attendants of one sex or another for very obvious reasons. Similarly hospitals and prisons may advertise in a gender specific way and remain lawful. Likewise a gender specific advert for a male/female model or an actor/actress will not necessarily break the rules.

Time Limits

There are time limits in regards to complaints to an Employment Tribunal which must receive the application within three months of the last incident complained of however this may be extended by three months to allow the statutory grievance procedure to be completed. In regards to dismissal the three month period runs from the actual date of termination of the contract of employment and not from the date that notice was given.

Specialist Employment Solicitor

All claims are dealt with using the no win no fee scheme. There is no charge whatsoever if the claim is lost. Claims are totally risk free. If compensation is recovered on your behalf then costs are charged based on a percentage of the total sum recovered. This figure is agreed in advance and there are no hidden extras. You know exactly where you stand from the very beginning. If you would like to discuss your potential claim with a specialist lawyer with no charge and with no obligation just email our offices or use the helpline or complete the contact form.