Businesses have a moral and legal duty to prevent sex discrimination in the workplace. If your business requires legal advice on the laws surrounding sex and gender discrimination as they apply to employers, Percy Hughes & Roberts is here to help.

Our expert employment lawyers will provide you with comprehensive legal guidance on your responsibilities and duty of care as an employer, helping you to create policies that prevent discrimination of all kinds. If you have been accused of sex or gender discrimination, we can help your business to build a legal defence, based on a strong understanding of all the facts.

We understand that these matters can be extremely complex and sensitive, which is why we will deal with each case in a confidential and nuanced manner. Our aim is to help your company navigate potential problems and build an inclusive workplace for all.

For expert advice on sex and gender discrimination issues for employers, call us on ​​​​0800 781 3894 or submit an enquiry using our online form to request a call back.

What responsibilities do employers have to prevent sex and gender discrimination?

Sex is listed as a protected characteristic under the UK’s Equality Act, meaning your business has a legal duty to ensure that no employee is ever treated unfairly solely on the basis of their sex or gender.

This means making sure that no employees are mistreated, excluded, marginalised or denied opportunities because of their sex; it also means taking action to prevent sexual harassment in the workplace, and to take any complaints they receive about discrimination seriously.

If your business or one of its employees is accused of sexual discrimination or harassment, it is your responsibility to thoroughly investigate this without delay, in accordance with clear processes and procedures. If the complaint is found to be substantive, corrective action must be taken.

Businesses that fail to deliver on these obligations could find themselves facing an employment tribunal claim, which can lead to the company receiving a judgement against them for injury to feelings and compensation.

To find out more about the law surrounding sex and gender discrimination and the best ways for businesses to prevent it, take a look at our comprehensive guide for employers. 

How Can Percy Hughes & Roberts Help You?

At Percy Hughes & Roberts, our employment solicitors have years of experience in helping businesses to fully understand their legal responsibilities surrounding sex and gender discrimination and providing legal support and advice on defending against discrimination claims.

We offer support and advice in the following areas:

• Helping companies to develop strong policies to prevent sex and gender discrimination, and to avoid potential sexual harassment complaints
• Ensuring businesses have the right policies in place for addressing grievances in a proactive and effective way
• Building strong legal defences for businesses accused of sex discrimination, helping them prove they have taken all the necessary steps to prevent discrimination in their workplace
• Providing legal representation for companies involved in employment tribunal cases 

No matter the circumstances of your case, Percy Hughes & Roberts will be able to provide tailored, sensitive legal guidance and ensure a fair outcome is achieved. Our team is led by our Head of Employment Sarah Simcott, an expert in this field, and we promise a confidential, friendly and honest approach to your case.

By working with Percy Hughes & Roberts, you will be able to deal with sensitive discrimination and harassment issues in a constructive and positive way, ensuring that your company is able to foster a healthy and safe atmosphere for all.

FAQs

What are the most common examples of sex and gender discrimination in the workplace?

There are many ways that sex and gender discrimination can manifest in the workplace, including direct and indirect examples. If any of the following occur within your organisation you could be at risk of legal action:

• Favouring one employee over another for promotions and professional opportunities on the basis of their sex or gender, rather than their capabilities
• Sex or gender-based pay disparities among individuals fulfilling similar roles
• Terminating a woman’s contract because she is pregnant
• Sexist abuse and harassment in the workplace
• Workplace policies that do not apply equally to all, without specific justification
• Instituting gendered or exclusionary language in job roles and applications, such as “salesman”
• Refusing to provide flexible working for childcare without any legitimate business reasons for doing so
• Victimising a worker for taking action against the company on the grounds of gender

What constitutes sexual harassment in the workplace?

Sexual harassment occurs when an individual or a group of people engages in unwanted conduct of a sexual nature that makes another employee feel humiliated or threatened, creating an intimidating, hostile or offensive environment. Examples include:

• Unwanted physical contact, including touching, hugging and kissing
• Sexually explicit emails or other correspondence
• Making sexual advances or demanding sexual favours
• Insulting comments about someone’s gender identity or sexual orientation 
• Criminal behaviour such as assault, stalking and indecent exposure
• Suggestive looks, excessive staring or leering
• Sex and gender-based micro aggressions

Although personal responsibility for these actions ultimately lies with the perpetrator, employers also have a vicarious responsibility to take all reasonable steps to protect staff from sexual harassment, both within the workplace and in work-related spaces, such as social functions or online interactions linked to the company.