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Sex discrimination is any less favourable treatment
in relation to recruitment, selection, training, promotion,
selection for redundancy etc. on the grounds of sex.
It can be direct or indirect, such as when requirements,
conditions or practices are imposed that disadvantage
individuals of one sex or which fewer people of one
sex can meet. For example, a requirement that employees
be taller than a certain height would discriminate
against women due to the fact that men are, on average,
taller.
An employer can legally specify a person of one sex
when there is 'a genuine occupational reason' such
as, for reasons of decency in a single sex establishment
such as a boarding school, or for specific purposes
such as modelling or acting.
Anyone who feels that they have been discriminated
against may bring a complaint to an employment tribunal
within three months of the incidence of alleged discrimination.
No minimum length of service or age criteria apply
and a claim can be made while still employed in the
position in which the discrimination occurred. There
is no upper limit on the amount of compensation a
tribunal can award.*
*Source: ACAS
Sexual harassment, as defined by the Equal
Opportunities Commission, is unwelcome behaviour
of a sexual nature and includes:
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indecent or suggestive remarks |
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questions or comments about your sex life |
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the display of pornography |
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the circulation of obscene material (by e-mail,
for example) |
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inappropriate touching, requests or demands
for sexual favours |
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any unwelcome behaviour of a
sexual nature that creates an intimidating, hostile
or humiliating working environment. |
The EOC recommends that anyone suffering from sexual
harassment ake the following steps:
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tell a friend or trusted colleague
what is happening |
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ask the harasser to stop |
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if the problem persists, ask
the harasser to stop in writing, explaining that
you find their behaviour objectionable |
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report the harasser to your
employer or trade union. |
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Report any harassment early
in order to protect yourself and others. |
You have a right to expect your employer to take
the matter seriously and take steps to remedy the
problem, providing you with a harassment-free working
environment.
Your employer should:
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take your complaint seriously
and stop the harassment |
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explain how they intend to
deal with it |
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speak to the person concerned
about their behaviour |
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make sure that you do not suffer
any reprisals as a result
of reporting the sexual harassment |
If you are not satisfied with your employer's response,
you can take
your complaint to an employment tribunal where it
will be heard
under the Sex Discrimination Act.
However, it is important to note that this must be
done within three months (less one day) from the date
of the last incident of harassment.
The Equal Opportunities Commission can be contacted
on 0845 601 5901 or at www.eoc.org.uk.
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