Discrimination - In England

This information applies to England, Wales, Scotland and Northern Ireland

What is sex discrimination

The Sex Discrimination Act 1975 makes discrimination against someone on the grounds of their sex illegal. Sex discrimination can be direct or indirect. It can also take the form of victimisation.

Direct sex discrimination

It is direct sex discrimination to treat someone less favourably because of their sex than someone of the other sex would be treated in the same circumstances.

Examples of direct sex discrimination include:-

• refusing credit to a married woman without her husband’s signature, while a married man is not required to have his wife’s signature
• refusing to accept a woman’s salary as the basis for a mortgage because of her sex
• allowing women (or men) free entry to a club or cheap drinks when this concession is not given at the same time to men (or women)
• advertising a vacancy for a ‘waiter’, implying that the job is only open to men
• sexual harassment
• dismissing an employee because she is pregnant (see under heading Where sex discrimination is unlawful).

Indirect sex discrimination

Indirect discrimination is where an employer has a rule, policy or practice which puts someone at a disadvantage because of their sex and cannot be justified.

Examples of indirect sex discrimination include:-

• a requirement that an employee should not have young children. The proportion of women having responsibility for young children is much higher than that of men and this is also unlikely to be a justifiable requirement for employment (regardless of sex)
• the dismissal of all part-time workers in a firm where all of the part-time workers are female. This may also be direct sex discrimination
• a mortgage provider insisting that only people who work full time can be given a mortgage. This is more likely to have an adverse effect on women than men, as women are more likely to work part time.

Victimisation

Under the law, victimisation occurs where someone is treated less favourably as a result of complaining, bringing proceedings or otherwise asserting their rights under sex discrimination legislation. It is also victimisation if a person is treated less favourably because they have supported someone else taking action, for example, by acting as a witness in a sex discrimination case.

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Duties of public authorities

Public authorities have a duty to get rid of sex discrimination and promote equality between the sexes.

This means that public authorities such as local councils, schools, hospitals, the police and government departments, must make sure that men and women get services that meet their needs more closely.

For more information about the duties of public authorities and sex discrimination, visit the Equal Opportunity Commission's website at: www.eoc.org.uk , or in Northern Ireland, visit www.equalityni.org.

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Where sex discrimination is unlawful

It is unlawful to discriminate on grounds of sex in:-

• employment and training
• education
• the provision of goods and services, for example, financial matters, entertainment and transport
• housing
• advertisements.

Employment and training

It is unlawful for an employer to discriminate on the grounds of sex. Employment is defined as employment under a contract, which includes employees and self-employed people contracted to do a job personally. Discrimination in employment also includes discrimination in recruitment and in vocational training.

For more information about employment and self-employment, see Contracts of employment.

Equal Pay Act 1970

The Equal Pay Act 1970 gives a person the right to be treated equally in terms of pay in comparison to a member of the opposite sex. The people who are being compared must be working in the same place or working at different establishments for the same employer. A woman who believes she is being discriminated against would have to show that she is employed:-

• in ‘like work’, that is, work that is the same or broadly similar to a man; or
• in work which has been rated as equivalent to a man’s job under a job evaluation study; or
• in work which is of equal value to that of a man in terms of, for example, effort, skill and decision making.

Pregnancy, maternity and employment

It is direct sex discrimination to dismiss a woman because she is pregnant,or for a reason connected to maternity leave. As only a woman can become pregnant or go on maternity leave, dismissal on the grounds of pregnancy is automatically discrimination on grounds of sex.

A woman who is dismissed because she is pregnant can also claim that she has been unfairly dismissed, regardless of how long she has worked for her employer. However, as there is a maximum limit on the compensation that can be awarded for unfair dismissal but no limit on compensation for sex discrimination, a woman dismissed for being pregnant or a reason connected with maternity leave should claim sex discrimination as well as unfair dismissal.

For more information on maternity rights at work, see Parental rights at work.

Transsexual people

It is unlawful to discriminate in employment and vocational training against someone who intends to undergo, is undergoing, or has already undergone gender re-assignment (see under heading Taking action about sex discrimination).

Married people and people in a civil partnership

In the case of employment, it is sex discrimination to discriminate against a person of either sex for being married or in a registered civil partnership. There is no provision covering discrimination against a person for being single, although it may be possible to argue this.

Education

It is unlawful for a state or private educational establishment to discriminate in its admission policies, unless it is a single sex establishment. For example, a mixed sex school should not refuse admission to a pupil on grounds of their sex, or attempt to maintain a gender balance in the school by admitting one sex and not another when places are limited.

A girl and boy must have the same access to the school curriculum, that is, they must be given exactly the same subject options and the same amount of subject teaching.

It is unlawful for any educational establishment to discriminate in the way it provides services to its students. For example, school students should have equal access to course option consultation and careers guidance. Any counselling provided must not be discriminatory.

Goods, facilities and services

It is against the law for anyone providing goods, facilities or services to discriminate on grounds of sex by refusing to provide them, or to discriminate in the way in which they are provided. It is also against the law to discriminate in this way against transsexual people or against women because of their pregnancy or maternity. It doesn't matter whether the goods, services or facilities are provided for payment or free.

Financial services

It is unlawful for a financial services provider to discriminate by, for example, asking a married woman to provide a guarantor for a loan (unless a man in a similar position would also be asked to do this), insisting that a married woman seeking a loan must apply jointly with her husband (unless all married applicants are asked to apply jointly) or setting more stringent conditions when a woman asks for a business loan than when a man does. It may be lawful, however, to discriminate when providing insurance cover (see under heading Where sex discrimination is not unlawful).

Pubs and clubs

It is unlawful for a pub to discriminate by, for example, refusing to serve a woman a drink in a pint glass (unless the same restriction also applies to men) or for a club to discriminate by offering free entrance only to women. However, discrimination may be lawful in the case of a private club (see under heading Where sex discrimination is not unlawful).

Housing

It is unlawful for a person or organisation responsible for selling or letting a property to discriminate on grounds of sex in the terms on which the premises are offered. It is unlawful to discriminate in the treatment of people listed as needing accommodation, for example, in local authority housing lists. It is also unlawful to discriminate against a tenant once a property is occupied.

There are some areas in housing in which discrimination is not unlawful (see under heading Where sex discrimination is not unlawful).

Advertisements

It is unlawful for someone to publish an advertisement which indicates an intention to discriminate on grounds of sex. For example, it is unlawful for a club open to the public to advertise free admission for women while making men pay or for an employer to use expressions that have a sexual connotation in advertisements, such as 'craftsman', 'manageress' or 'handyman'.

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Where sex discrimination is not unlawful

There are a number of situations in which it is not unlawful to discriminate on grounds of sex.

Charities

It is not unlawful for a charity to provide benefits to people of one sex only, provided this is set out in the charity’s constitution or rules.

Housing

Communal accommodation

It is not unlawful to discriminate on grounds of a person’s sex in the provision of some types of communal accommodation, for example, a women’s refuge. Communal accommodation is defined as:-

• accommodation which includes dormitories or shared sleeping facilities which, for reasons of privacy or decency, should be used by one sex only; and
• accommodation which should be used by one sex only because of the toilet and washing facilities available.

‘Small dwellings’ exception

It is not unlawful to discriminate on grounds of a person’s sex in a ‘small dwelling’ or for sub-letting accommodation where:-

• the proprietor or a close relative is also living there; and
• there is shared accommodation with other people living there; and
• there is not normally accommodation for more than two households as well as the proprietor’s own, or six people in addition to the proprietor.

Insurance

It is not unlawful for an insurance company to discriminate on the grounds of a person’s sex when the company is assessing risk, provided that the company can show that:-

• it can provide information to justify the discrimination; and
• the information was obtained from a reliable source; and
• the discrimination is reasonable in relation to the information available.

Examples of legitimate discrimination would be:-

• in the case of life assurance, women and men have different life expectancies and can therefore be charged different rates
• in the case of travel insurance, a woman who is pregnant may be refused cover on the grounds that she is not considered fit to travel.

Private clubs

It is not unlawful for a genuine private members’ club to discriminate on the grounds of someone's sex in the way that it treats its members. A private members’ club is one which not only in theory, but also in practice, operates a system of proposing and seconding new members, followed by consideration of the acceptability of their applications by a club committee. Examples are working men’s clubs, golf and bowling clubs, and gentlemen’s clubs. For information about discrimination in other clubs and pubs, see under heading Where sex discrimination is not unlawful.

It is not unlawful for a club to have different types of membership which are restricted to one sex only. An example would be a club that has ‘full’ membership for men, with full voting rights and other privileges, and ‘associate’ membership for women, with more restricted rights. However, it may be possible to argue that the club’s constitution should be amended to end this discrimination. The Equality and Human Rights Commission (EHRC) may be able to help you if you are attempting to secure a change (see under heading Sources of help).

Employment in private clubs

Private clubs cannot discriminate against employees on grounds of sex. They are covered by sex discrimination and equal pay legislation in relation to employment and equal pay (see under heading Where sex discrimination is unlawful).

Sport

It is not unlawful to limit participation in some sporting events to one sex only, provided physical strength, stamina or physique is important in the particular sport to the extent that, for example, a woman would be at a competitive disadvantage to a man.

It is not unlawful to discriminate on sex grounds in situations where a member of one sex might object to physical contact with a person of the opposite sex. For example, it is legitimate for a self-defence class to restrict itself to women participants.

It is not unlawful for a genuinely private members’ sporting club to discriminate on grounds of sex (see under heading Where sex discrimination is not unlawful).

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Positive discrimination

The law against sex discrimination does not allow positive discrimination in favour of one sex. For example, it is unlawful to discriminate in favour of a woman in recruitment or promotion on the grounds that women have previously been adversely affected by discrimination. However, positive action is allowed (see below).

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Positive action

The law against sex discrimination does allow positive action in favour of one sex, particularly in training and advertising. Positive action is intended to redress the effects of previous unequal opportunities by providing special encouragement to the minority sex without actively discriminating against the majority sex. Examples of positive action are:-

• a training agency may use positive action if it appears that very few or no people of one sex have been engaged in a particular kind of work over the past twelve months
• an employer who has very few, or no employees of one sex engaged in a particular job, or in management positions, may use positive action to provide training for that work to employees of the minority sex only
• a trade union or political party is allowed to use positive action to ensure that members of both sexes are represented at all levels of the organisation. A trade union can, for example, reserve seats on a committee for one sex where it is under represented.

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Taking action about sex discrimination

When taking action about sex discrimination, you do not have to demonstrate that there was an intention to discriminate against you. It is merely necessary to show that discrimination took place.

When taking action under legislation against sex discrimination, a comparison must normally be made between how a woman has been treated and how a man has been treated. However, if a woman cannot identify a man who is being treated, or has been treated, more favourably, she can still take a case if she can show that a man would have been treated more favourably.

Sexuality

The law on sex discrimination does not cover discrimination because of your sexuality. There is a separate law which protects you from discrimination because of your sexuality.

In England Wales and Scotland, for more information about discrimination because of sexuality, see Can I be treated unfairly because of my sexuality? in Discrimination fact sheets.

If you think you have been discriminated against because of your sexuality, you should consult an experienced adviser, for example at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Transsexual people

The law protects transsexual people against sex discrimination in employment and vocational training and in the provision of housing, goods, facilities or services (but not education). Harassment because of gender reassignment is also against the law.

It is against the law to discriminate against transsexual people who intend to undergo gender reassignment, who already have undergone, or who are currently undergoing gender reassignment. If you are in this situation and are treated less favourably on these grounds, you can claim sex discrimination.

Courses of action

If you think you have suffered sex discrimination there are a number of courses of action you can take. These include:-

• taking your own individual case under the Sex Discrimination Act; and/or
• negotiating with the person or body that discriminated against you; and/or
• using a proper grievance procedure; and/or
• taking legal action not related to the Sex Discrimination Act; and/or
• giving details to the Equality and Human Rights Commission (see under heading Sources of help).

If you are an employee in England, Wales or Scotland, and you think you have suffered sex discrimination at work, you must raise a written grievance with your employer before you can make a claim to an employment tribunal. For more information, see What you need to know, Dealing with grievances, dismissal and disciplinary action at work.

Any course of action is likely to be complicated, could include confrontation and may involve court action. If you are contemplating action you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

Education cases

You can make a complaint about discrimination by a school, college or Local Education Authority in your local county court. However, if you want to do this, there are certain steps you have to follow.

If your complaint is about a state school, you must tell the relevant government department (see below) that you are taking court action. You must do this before taking court action, and you must do it within six months of the date when the discrimination first took place. You must start court action within six months of telling the government department that you are doing this.

If you want to complain about a private school, you should get advice from the Equality and Human Rights Commission first - see under heading Sources of help.

England and Wales

The Secretary of State
Department for Children, School and Families (DCSF)
Equality Legislation Team
Equality and Diversity Unit
Level 1E
Caxton House
Tothill Street
London
SW1H 9NA
Email: judithbailey@dcsf.gsi.gov.uk
Website: www.dcsf.gov.uk

If the complaint is about a school in Wales, in addition to notifying the Secretary of State at the DCSF, it may be helpful to also contact the Welsh Assembly Government. The contact details are:

Equality Champion
Department for Children, Education, Lifelong Learning and Skills
Welsh Assembly Government
North Core, CP2
Cathays Park
Cardiff
CF14 2QP
Tel: 02920 825822

Scotland

Minister for Education
Scottish Government
Education Department
Victoria Quay
Edinburgh EH6 6QQ
Tel: 0131 556 8400
Email: ceu@scotland.gov.uk
Website: www.scotland.gov.uk

Northern Ireland

Permanent Under-Secretary of State
Department of Education
Rathgael House
Balloo Road
Bangor BT19 2PR
Tel: 028 9127 9000
Fax: 028 9127 9779
Website: www.deni.gov.uk

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Other types of discrimination

As well as sex discrimination, you could be treated unfairly for other reasons because:

• of your race, ethnic origin or nationality
• you're lesbian or gay
• you're disabled
• of your age
• of your religion.

For example, you're a black woman and you're sacked because you're pregnant. You may have a claim for race discrimination as well as sex discrimination. If you think you've been treated unfairly because you're black and because you're a woman, make sure you raise both issues if you make a complaint.

For more information about race discrimination, see Taking action about race discrimination.

For more information about disability discrimination, see Disability discrimination.

For more information about discrimination at work because of your age, see Age discrimination at work.

In England, Wales and Scotland, for more information about discrimination because you are lesbian, gay or bisexual, see Can I be treated unfairly because of my sexuality? in Discrimination fact sheets

In England, W ales and Scotland, for more information about discrimination because of your religion or belief, see.Discrimination because of religion or belief, and What can I do if my employer treats me unfairly because of religion or belief? in Discrimination fact sheets.

In England, Wales and Scotland, for more information about discrimination at work because of your race, see What can I do if my employer treats me unfairly because of my race? in Discrimination fact sheets.

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Sources of help

Equality and Human Rights Commission (EHRC)

The Equality and Human Rights Commission (EHRC) provides free telephone advice for anyone who has been unfairly treated at work and wants to find out more about their legal rights, what their options are and what next steps they can take - see below for telephone number.

This service can also give details of solicitors experienced in taking sex discrimination cases and may arrange representation.

It is always advisable to contact the appropriate body before taking a case of sex discrimination. The contact details are:-

England

Equality and Human Rights Commission Helpline England
Freepost RRLL-GHUX-CTRX
Arndale House
Arndale Centre
Manchester
M4 3EQ
Tel: 0845 604 6610
Textphone: 0845 604 6620
Fax: 0845 604 6630
Website: www.equalityhumanrights.com

Wales

Equality and Human Rights Commission Helpline Wales
1st Floor
3 Callaghan Square
Cardiff
CF10 5BT
Tel: 0845 604 8810
Textphone: 0845 604 8820
Fax: 0845 604 8830
Website: www.equalityhumanrights.com

Scotland

Equality and Human Rights Commission Helpline Scotland
The Optima Building
58 Robertson Street
Glasgow
G2 8DU
Tel: 0845 604 5510
Textphone: 0845 604 5520
Fax: 0141 228 5912
Website: www.equalityhumanrights.com

Equality Commission for Northern Ireland

Northern Ireland

Equality Commission
Equality House
7-9 Shaftesbury Square
Belfast BT2 7DP
Tel: 028 9050 0600
Fax: 028 9024 8687
Textphone: 028 9024 0589
Email: information@equalityni.org
Website: www.equalityni.org

Law centres

A law centre can offer free legal advice if you want to take a case for sex discrimination. If a solicitor from a law centre represents you, you may be entitled to publicly-funded legal services (legal aid in Scotland). In England and Wales, details of the nearest law centre are available from the Law Centres Federation, and in Scotland from the Scottish Association of Law Centres.

England and Wales

Law Centres Federation
Third Floor
293-299 Kentish Town Road
London
NW5 2TJ
Tel: 020 7428 4400
Fax: 020 7428 4401
Email: info@lawcentres.org.uk
Website: www.lawcentres.org.uk

Scotland

Scottish Association of Law Centres
c/o Govan Law Centre
47 Burleight Street
Govan
Glasgow G51 3LB
Tel: 0141 440 2503
Email: m@govanlc.com
Website: www.govanlc.com/salc

Northern Ireland

124 Donegall Street
Belfast BT1 2GY
Tel: 028 9024 4401
Fax: 028 9023 6340
Email: admin.belfast@lawcentreni.org
Website: www.lawcentreni.org

Free Representation Unit (England)

The Free Representation Unit (FRU) can provide representation for people on a low income and living in the London area. However, the FRU is a voluntary organisation and representation in cases cannot be guaranteed. If you want help from the FRU, you must be referred in writing by another agency once the date of a hearing has been set. The agency must be an FRU subscriber. Some Citizens Advice Bureaux (CABx) in the London area are subscribers to the FRU. The contact details of CABx can be found in the local telephone directory or on the Citizens Advice website at www.citizensadvice.org.uk.

The FRU can be contacted at:-

6th Floor
289 – 293 High Holborn
London
WC1V 7HZ
Tel: 020 7611 9555
Email: admin@freerepresentationunit.org.uk
Website: www.freerepresentationunit.org.uk

Free Representation (Scotland)

There is some free representation available in Scotland for tribunals and courts. It is only available for certain cases and for people on a low income. It is only available through a Citizens Advice Bureau.

To search for your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

Information in other languages

In England and Wales, information about sex discrimination is available in other languages. See Equal opportunities (2): Sex and sexual discrimination on the Multikulti website at: www.multikulti.org.uk.

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