Sex
Biological sex is a protected characteristic under the Equality Act 2010, ensuring that individuals are not discriminated against for being male or female. This protection applies in employment, education, and access to services. Employers must ensure fair treatment in hiring, pay, promotions, and workplace policies.
| Key Employee Rights | What Employers Must Do |
|---|---|
| The right to equal pay for equal work regardless of sex | Aim for a culture where everyone accepts that sex discrimination is not acceptable |
| Protection from direct and indirect discrimination due to being male or female. | Recognise and promote the benefits of a diverse and inclusive organisation |
| Protection from gender-based harassment (e.g. sexist comments, exclusion, offensive jokes) | |
| Right to maternity protections (overlapping with pregnancy & maternity rights) | |
| Fair treatment in policies that may affect one gender disproportionately (e.g. height or strength requirements in job roles) |
Key Legal Concepts
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Direct sex discrimination occurs when an individual is treated less favorably than others because of their sex.
Example: Rowan is the only woman in the sales team. Rowan's manager thinks men are better at sales than women. Rowan is given less important contracts to work on and is not able to earn as much commission.
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Indirect sex discrimination is when a working practice, policy or rule applies to everyone but puts a person or group at a disadvantage because of their sex.
Example: Maya is a woman and works part time. She does not get a promotion because the organisation has a policy that supervisors must work full time. Maya cannot do more hours because of childcare responsibilities. As women are more likely to have childcare responsibilities, this is likely to be indirect sex discrimination.
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Harassment related to sex is when someone experiences unwanted behaviour that's related to them being a man or a woman.
To be harassment, the unwanted behaviour must have either:
violated someone's dignity
created an intimidating, hostile, degrading, humiliating or offensive environment
Example: Nikola manages a team of men. Some of them do not like being managed by a woman. They make negative comments about women and undermine Nikola's authority. This creates an intimidating and hostile environment for Nikola.
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Victimisation is when someone is treated less favourably as a result of being involved with a discrimination complaint.
Example: Sara is supporting a friend at work who's making a sex discrimination complaint. A manager threatens Sara with dismissal if they continue to support the claim. This is victimisation.
Case Law
Lee v R & F Properties QS (UK) Co Ltd
Key Facts: A female job applicant (Lee) was asked the age of her children at a job interview.
This was deemed sex discrimination because it is more likley than not that a woman would be asked this question rather than a man.
Significance: Sex discrimination applies to job applicants as well as employees and contractors.
What’s Protected and What Isn’t?
| Protected | Unprotected |
|---|---|
| Paying men and women differently for the same job | Pay differences based on experience, qualifications, or performance |
| Promotions based on gender | |
| Workplace policies disadvantaging one sex | |
| Gender-specific roles where there is a genuine occupational requirement (e.g. female support worker for women’s refuge) Section 9 Genuine Occupational Requirement Statement. | |
How Employers Can Promote Gender Equality
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Regularly review and address gender pay gaps.
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Ensure equal opportunities for career advancement.
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Protect employees from sexist behaviour.
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Support work-life balance for both men and women.
“Employers should create a fair, inclusive, and legally compliant workplace where gender does not impact career opportunities, pay, or workplace treatment. ”