Discrimination against an employee on the grounds of their sex is unlawful under the Sex Discrimination Act 1975 (SDA).

The Act states that a worker/employee can not be discriminated against on the grounds of sex, marital status, or gender reassignment.

If the sex discrimination relates to pay and contractual terms then the legislation governing this is the Equal Pay Act 1970.

European Union legislation relating to sex discrimination cases also needs to be taken into consideration.

Direct Sex Discrimination is the most obvious type of sex discrimination. It occurs when for example an employer treats an employee of the opposite sex more favourably than another employee in the same or similiar circumstances.

Indirect Sex Discrimination is a less obvious form of discrimination, but occurs when for example an employer imposes a condition, practice or requirement on all employees, which has a disproportionate and unjustifiable impact on one group of employees.

In certain circumstances an employer may be justified in discrimating on the grounds of sex on the basis that there is a genuine occupational qualification or requirement.

The general position however is that sex discrimination in recruitment, promotion and dismissal is unlawful.

It is unlawful under the Sex Discrimination Act to victimise a person by treating a person less favourably, where for example that person has complained of sex discrimination or done a 'protected act'; e.g., an employee has given evidence at a Tribunal in support of another employee's claim that she has suffered sex discrimination.

Recent changes in legislation now defines and recognises sexual harassment and harassment in sex discrimination claims.

As an employee, you should be aware that if you feel that you have been sexually discriminated against, then you must first bring the matter to your employer's attention through the company's internal grievance procedure, before commencing a claim in the Employment Tribunal.

There are strict time limits for commencing claims in the Employment Tribunal and Courts.

If you believe you have a claim against your employer please complete our Free Online Assessment Form, now. We will then respond to you usually within 48 working hours, including a free, initial assessment of your claim.

Alternatively you can download the free initial assessment form and send it to net employment solicitors at the address on our contact page.