Sex Discrimination Solicitors - Employment Compensation Claims
Our sex discrimination solicitors specialise in employment claims including disputes under The Sex Discrimination Act 1975. They represent clients clients before the Employment Tribunal using the no win no fee scheme. If you would like to talk confidentially to an experienced employment solicitor just use the helpline, email or complete and send the contact form.
Obtaining compensation in a sex discrimination case starts by instructing an employment law solicitor who will attempt to negotiate a settlement with your employer failing which the sex discrimination solicitor will make an application for compensation to the Employment Tribunal. which will have regard to the following statutes:
- The Sex Discrimination Act 1975 – Established that negative differential management of employee interests based entirely on marital status and/or sex is illegal.
- The Equal Opportunities Commission Code of Practice 1985 – Established that a concept of equal opportunity must be provided to both women and men at work and when applying for employment.
- The Equal Pay Act 1970 – Established that an employer must give equal pay and equal benefits to both men and women who perform similar or the same work.
- The Employment Equality Regulations 2003 – Established that employers who are discriminating against employees because of sexual preference or sexual orientation are acting unlawfully or illegally.
Direct & Indirect Action
The two elementary categories pertaining to sex discrimination are: Indirect and Direct:
- Direct Discrimination is expressed by episodes when an employer or management obviously and brazenly mistreats or mishandles a worker based on gender.
- Indirect Discrimination is significantly more implied than direct. The employer tries to be more discreet or attempts to divert his intent. The employer employs obstacles against workers to block advancement or deny a certain sex the same opportunities as the other. Consider an instance where an employer, knowing that he only wants men in a particular position, also knows that men are normally taller than women, then unjustifiably makes it a requirement for applicants to be greater than six feet in height.
Certain kinds of discrimination is unlawful in relation to employment. The legislation which applies in England, Scotland and Wales covers discrimination on the grounds of gender, marriage and transsexualism. Similar legislation also applies to Northern Ireland. Those protected under the Act include :-
- job applicants
- contract workers
- voluntary workers
- former employees
Behaviour and language used to support a case of sexual harassment is subjective. The common definition is "unwanted conduct based on sex affecting the dignity of women and men at work." Ultimately because it is a subjective test the victims interpretation is the one that counts. If you believe that the questionable words or conduct was sexual in nature and it was unwanted, you should consider instructing an employment solicitor who can attempt negotiate a settlement with your employer and if that fails make application on your behalf to the Employment Tribunal.
No distinct statute exists that covers all issues of sexual harassment however the Employment Tribunal will consider the following statutes in coming to a decision after representations submitted on your behalf by your solicitor:-
- Sex Discrimination Act 1975
- Employment Rights Act 1996
- EC Equal Treatment Directive 76/207
Incidents that are extreme in nature, such as sexual assault including fondling and kissing should be considered as criminal conduct under the Protection from Harassment Act 1997. An employment solicitor may consider issuing civil proceedings in the County Court to obtain enhanced compensation against the perpetrator.
The Sex Discrimination Act 1975 effectively defines sexual harassment at work as conduct which is offensive, unwelcome and unreasonable which results in a humiliating, hostile or intimidating environment and may include :-
- suggestive remarks or gestures
- requests for sexual favours
- insensitive jokes
- lewd comments
- forwarding inappropriate emails
- accessing pornographic websites
- unwelcome advances
- threats of, or actual, sexual violence
- fondling or touching
- pestering for attention
- displays of unacceptable material including pin-up calendars or graffiti
The Sex Discrimination Act 1975 protects against obvious sexual discrimination, sexual harassment and also victimisation which occurs where a person has been treated less favourably than another person because they have complained and indicated that they intend to bring a case under the legislation or have given evidence in a case or they have alleged that something has been done that may be against the law in relation to the Sexual Discrimination, Race Relations and Disability Discrimination Acts. Individuals are subsequently protected against victimisation if the allegation of misconduct fails, provided it is made in good faith.
Applications as a result of sexual discrimination or sexual harassment are made to Employment Tribunal which can make a recommendation, a declaration or award compensation. Compensation is payable for the financial loss suffered as a result of discrimination which may include loss of earnings, loss of benefits and pension and injury to feelings. Tribunals can award an amount for aggravated damages if the behaviour has been particularly offensive. Unlike unfair dismissal cases there is no limit to the amount of compensation that can be awarded in discrimination cases which can result in very high financial orders being made against employers.
Sex Discrimination Solicitors
Our sex discrimination solicitors specialise in claims arising as a result of employment disputes and they act on behalf of clients in claims under the Sex Discrimination Act 1975 using the no win no fee scheme. This means that if your solicitor does not succeed in obtaining an order for compensation from the Employment Tribunal, on your behalf then your solicitor will not get paid. They deal exclusively in employment matters and are able to pursue or negotiate claims and can provide representation anywhere in the United Kingdom. If you would like to talk confidentially to an experienced solicitor just use the helpline, email or complete and send the contact form.