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Sex discrimination against men – When it comes to sex discrimination, most people assume that it is a woman who has been discriminated against. But how can an employer fall foul of sex discrimination against a man?
Consensus HR has identified ten common examples of how employers’ actions against men in the workplace could lead to sex discrimination claims in Employment Tribunals. Here are the first five (five more next week):
- EQUAL PAY
Sex discrimination in pay: men can “piggyback” on women’s successful equal pay claims. This is the case if a man is doing similar work or work rated as equivalent or equal value.
Artificially increased redundancy selection scores can lead to sex discrimination against men (such as when female colleagues are on maternity leave).
- FLEXIBLE WORKING
Employers need to ensure that a woman’s flexible working request is not favoured over a man’s application. Doing this resulted in a £5,000 fine for one employer. (Read more)
- POSITIVE DISCRIMINATION
Employers need to be aware of the difference between positive action and positive discrimination.
For example, an employer that feels that women are underrepresented in its workforce is quite entitled to encourage women to take advantage of opportunities for employment.
However, it would be sex discrimination against men for an employer to set quotas to recruit or promote a specific number or proportion of women
A general assumption that a particular type of work or duty within a job is unsuitable for a man is discrimination. A genuine occupational requirement that an employee be female will apply under the Equality Act 2010.
Surprised? Sex discrimination against men is more common than you think. Look out for next week’s blog for five more examples. Or – if you would like to know more sooner, contact Consensus HR. We’re here to help.