Sex Discrimination Acts 1975 and 1986  Back to Previous Page

These acts make it illegal to discriminate on the grounds of sex.
There are two types of discrimination

• direct discrimination
• indirect discrimination

 Direct Discrimination
That means being treated less favourably than a person of the opposite sex would be in similar circumstances.

e.g. a policy to promote only women to management positions
e.g. offering less holidays to a woman than a man.


 Indirect Discrimination
This is where the same conditions are applied to both men and women, but in practice, one sex is favoured more than the other and this cannot be justified.

e.g. candidates recruited for clerical work must be six feet tall or more
•  this is  indirect discrimination because men are more likely to be six feet tall and you do not have to be six feet tall to do clerical work
e.g. an employer requires applicants to have a high degree of physical strength which is never required
•  this could be indirect discrimination against women as women are generally physically weaker than men.

 Discrimination Against Married People
Direct discrimination applies to a person being treated less favourably then an unmarried person of the same sex would be in similar circumstances.

e.g. a policy to employ single people for a position that includes travelling away from home.

Indirect discrimination occurs where the same conditions are applied to both married and single people but in practice single people are favoured more than those that are married.

e.g. an employer requires applicants to work long unsociable hours which are never required
•  this could indirectly discriminate against married people who have family responsibilities


 Advertising
It is unlawful to publish an advertisement which indicates an intention to do any act which is unlawful under the provisions of the Sex Discrimination Acts

• Five Rules of Advertising
(a) Do not use words such as salesman, storeman. If those are used make sure that the job is clearly offered to both sexes.
(b) Do not give any preference for one sex in traditional jobs such as nursing.
(c) If words such as ‘he’,’she’ are used make sure there are alternatives e.g. him/her.
(d) The advertisement must make clear the vacancy is open to both sexes.
(e) Pictures should show men and women fairly in both numbers and prominence. Otherwise a bold disclaimer to show the vacancy is open to both sexes must be placed near the picture .e.g. all applicants will be considered on the basis of their suitability for the post regardless of sex, race, marital status or disability.


 Employment
It is unlawful to discriminate on the grounds of sex in respect of:

(a) Recruitment e.g. in advertising or interviews
(b) Training. ’Positive’ action is allowed to encourage applications where a sex is under-represented, or to help people return to work after caring for their families. Therefore, courses for women returners are acceptable but whilst you can encourage applications from the under-represented sex it does not allow discrimination when selecting individuals.
(c) Promotion
(d) Benefits such as subsidised meals or health care.
(e) Dismissals, grievances, redundancy etc.
(f) Retirement age and provisions.

 Exceptions to the Sex Discrimination Acts

• 1 - Work done wholly or mainly outside Great Britain.

• 2 - Does not apply to the Armed Forces

• 3 - Where there is a Genuine Occupational Qualification (G.O.G) for a person of a particular sex .

The circumstances where this can apply are:-

(a) A man or a woman is needed because of physical form e.g. a model or actor.
(b) Decency or privacy. A changing room attendant should be the same sex as those who use the facilities.
(c) Lack of separate sleeping and toilet arrangements for both sexes where the employee is expected to ‘live in’. The employer must prove that it is unreasonable to provide separate facilities e.g. the cost would be excessive or it would be unnecessarily inconvenient.
(d) Where the establishment caters for one sex only. e.g. a male prison or a single sex unit in a hospital.
(e) The job involves provision of personal services which are best catered for by one sex e.g. wardens of residential hostels.
(f) The job is one of two to be held by a married couple.
(g) The job involves travelling to a country where men or women would be forbidden to carry out those duties.


 Points to note regarding Genuine Occupational Qualifications and the Sex Discrimination Acts
• 1. There is no longer an exception for employment in private households unless for reasons of decency or privacy.
• 2. Physical strength is not a G.O.Q. for recruiting males only.
• 3. A G.O.Q. cannot justify a dismissal. It can only apply to the recruitment of people.
• 4. There is no G.O.Q. where there are sufficient employees to carry out duties applicable to one sex only e.g. a man could work in a ladies fashion shop if there were sufficient women to assist in the changing rooms.
• 5. Each time a job falls vacant it is necessary to determine whether the G.O.Q still applies