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Watch our film to find out more about your right to request flexible working. It has been successfully argued that, because women tend to have more childcare responsibilities than men, insisting that women work long or inflexible hours can be indirect sex discrimination. The same principles could apply where women employees need flexible work because of other caring situations. When deciding whether indirect sex discrimination has taken place Tribunals look at the individual circumstances of each case though some general principles have been developed by the courts in flexible working cases. These mean that the employer:.

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Direct sex discrimination

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No comparator needed for direct sex discrimination claim relating to n

We use cookies to improve your experience of our website. You can find out more or opt-out from some cookies. Sex discrimination is when you are treated unfairly either because you are a man or because you are a woman. If sex discrimination takes place in any of the following situations it is illegal and you may be able to take action about it:. Sex discrimination can be direct or indirect.
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219: No comparator for direct sex discrimination

Should there be a general justification defence for direct sex discrimination? Why then is direct sex discrimination excluded? This article breaks the taboo on this sensitive issue and examines a possible defence based on the four elements of reason, causation, means and balance and considers the likely impact of such a defence. Most users should sign in with their email address.
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You have the right not to be discriminated against at work because of your sex — a brief guide to your rights are laid out below. Sex discrimination occurs when you are treated poorly in the workplace because you are ale or female. In the Equality Act sex can mean either male or female, or a group of people like men or boys, or women or girls. Our analysis of the case can be found here. The employee, a waitress, was given a blouse to wear which she felt was too low, too tight, and showed too much cleavage.
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