Open Navigation

Sex, Sexual Orientation

Protection from unfair treatment

Equality law protects people from unfavourable treatment because of their sex or sexual orientation. It protects people from sexual harassment

Employees (or job applicants and prospective employees) must not be treated differently, unfairly or less favourably because of their sex or sexual orientation.

The law provides protection from:

  • Direct discrimination (being treated less favourably).
  • Indirect discrimination (being at a disadvantage because of a seemingly neutral provision, criterion or practice (PCP)).
  • Victimisation (being subjected to a detriment because of a complaint about discrimination or helping a victim of discrimination i.e. being a witness for them or a ‘companion’ at meetings).
  • Harassment (being subjected to unwanted conduct related to their sex or sexual orientation, which violates dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment).

Sexual Harassment

Sexual harassment is when someone makes another feel humiliated, offended or degraded by subjecting them to unwanted conduct of a sexual nature. This covers verbal and physical treatment, like sexual comments or jokes, touching, or assault.

Another type of harassment relating to sex is when an individual is treated unfairly because they refused to put up with sexual harassment.

Harassment can never be justified, but if an employer can show it did everything it could to prevent harassment, this could provide a defence against claims for harassment or at least against the Company, maybe not against the individual.

The #metoo movement has been invaluable in highlighting sexual harassment and helping many individuals understand how damaging sexual harassment is.

News

Numbers Engaged in Early Conciliation Continue to Rise

Numbers Engaged in Early Conciliation Continue to Rise

ACAS, the statutory conciliation service, has reported a 21% increase in the number of Early Conciliation notifications it received in 2018/19. Making an Early Conciliation notification is the first step a potential claimant must take if they intend on issuing certain claims against their employer. Once the Early Conciliation notification has been made, ACAS will…

Read More

MyGMPD

We are delighted to partner with MyGMPD as Subject Matter Experts to provide professional development training and content to Global Mobility specialists across a range of industries and companies. Launched in 2019, MyGMPD aims to provide a professional development programme to improve skills and specialist Global Mobility knowledge leading to accreditation and recognition. Our specialist…

Read More

BritishAmerican Business Publication Launch

As part of our close collaboration with BritishAmerican Business (BAB) we have been working with them this Summer on their Trade and Investment Guide to the UK. With so much political uncertainty in the UK leading up to the 31st October Brexit deadline and the potential for a future trade deal with the US under…

Read More