Make an enquiry

    Enquiry Form









    Contact

      Enquiry Form






      Supporting Document


      We are welcoming clients back to our offices Find Out More
      FJG Solicitors in Essex, Colchester, Chelmsford, London – Fisher Jones Greenwood
      • 0845 543 5700
      • [email protected]
      • Make an enquiry
      • Online Payment
      • Home
      • Services
        • Services for you
          • Advocacy
          • Civil & Commercial Disputes
          • Clinical and Medical Negligence
          • Conveyancing
          • Employment Law
          • Family Law
          • Children Law
          • Immigration & Visas
          • Notary Services
          • Personal Injury
          • Wills, Life Planning & Probate
        • Services for business
          • Academies Portal
          • Agricultural and Rural
          • Business Immigration
          • Commercial Dispute Resolution
          • Commercial Litigation
          • Professional Negligence
          • Commercial Property
          • Construction Law
          • Planning Consultancy
          • Corporate and Commercial
          • Education Services
          • Employment Law
          • Healthcare Services
          • International Services
          • Landlord & Tenant Services
        • Services by sector
          • Agriculture & Estates
          • Care Homes
          • Charities & Social Enterprise
          • Construction
          • Education Law
          • Energy
          • Family Owned Business
          • Healthcare & Dentistry
      • Our people
      • About us
        • CSR
        • Awards
        • Our Vision
        • Accessibility
        • Careers
        • Work Experience
        • Equality & Diversity
        • FLOCC
        • FJG Foundation
        • SAFE Forum
      • News, Events & Insights
      • Blog
      • Podcasts
      • Contact us
        • Colchester
        • Chelmsford
        • Clacton-on-Sea
        • Billericay
        • Braintree
        • Frinton-on-Sea
        • Holland-on-Sea
        • London

      Gender equality in the workplace – FAQ’s

      11 March 2021 by

      8th March is International Women’s Day, celebrating women’s achievements, raising awareness against bias, and striving for equality.

      In 2021, equality in the workplace should be a given, but how can you be sure you’re being treated equally and what should you do if you believe you’re not? How can a Solicitor help you? Following on from this week’s Law Society Solicitor Chat, Priya Patel from the FJG’s Dispute Resolution team has provided some answers to a few frequently asked questions.

      What is classed as gender discrimination in the workplace?

      Gender discrimination occurs when an individual experiences unfavourable treatment due to their gender.

      The Equality Act 2010 (EqA) protects against unlawful direct and indirect discrimination and also protects against harassment and victimisation for the protected characteristic of ‘sex’.

      These forms of discrimination can apply to both men, women and transgender individuals.

      Discrimination can be found within 4 discernible categories:

      • Direct Discrimination: when an employee is treated unfairly because of a ‘protected characteristic’, such as sex. An example could be: someone is not offered a promotion because they are a woman and the job is offered to a less qualified man.
      • Indirect Discrimination: Indirect discrimination is concerned with acts, decisions or policies (broadly speaking) which are not intended to treat anyone less favourably, but which, in practice, have the effect of disadvantaging a group of people with a particular protected characteristic. Where such a policy disadvantages an individual possessing that characteristic, it will amount to indirect discrimination, unless it can be objectively justified.
      • Harassment: this is defined as ‘unwanted conduct’ related to a protected characteristic with the sole purpose of violating an employee’s dignity or creating an intimidating, hostile and offensive environment for them.
      • Victimisation: occurs when a person (A) subjects another person (B) to a detriment because either:
        • B has done a protected act.
        • A believes that B has done, or may do, a protected act.

      A ‘protected act’ could be an employee asserting a right under the EqA or bringing proceedings under it for redress against their employer or someone employed by their employer.

      I think I am suffering sex discrimination at work. What can I do?

      The EqA protects employees from harassment or victimisation because of their sexuality or perceived sexuality and/or gender identity. Protection is available whether or not an employee is intentionally or unintentionally treated this way.

      Employers are also responsible for any harassment meted out by an employee’s colleagues, if the discriminatory behaviour happens at: (i) work; (ii) at work-related events/business trips; or (iii) at social events organised by the employer.

      We recommend that employees approach their line managers or their Human Resources departments before proceeding with instituting formal procedures in the first instance. Sometimes, discriminatory behaviour can be down to a lack of education about its form(s) and an amicable resolution can be found to see the parties move forward amicably, utilising various alternative dispute resolution techniques.

      If an employee is invited to an informal meeting, they can ask a work colleague or trade union representative (if applicable) to attend with them.

      In the event that no resolution to the problem can be found on the above referred to informal basis, a next step would be for employees to follow their employer’s grievance procedures. These procedures can normally be found in an employer’s company handbooks and can be obtained by contacting Human Resources; the same may be on a firm’s intranet site or may be contained within, or annexed to, a written contract of employment.

      A grievance can be filed with an employer to seek formal redress.

      Can my employer make me redundant whilst on maternity leave?

      An employer cannot make an employee redundant because they are pregnant and/or on maternity leave.

      In the event that a redundancy situation arises during an employee’s maternity or parental leave and ‘it is not practicable by reason of redundancy’ for the employer to continue to employ the employee under their existing contract of employment, the employee is entitled to be offered a suitable alternative role (where one is available) to start immediately after the existing contract ends. If a suitable alternative role exists but is not offered to the employee on maternity or parental leave, that employee has a potential claim for unfair dismissal.

      Employers should ensure that the selection criteria used in a redundancy selection exercise are fair and non-discriminatory. Any pregnancy, maternity-related absence or paternity-related absence should not be counted when considering absence records. Any performance-related criteria should also account for the impact of any periods of absence due to pregnant and maternity on an employee’s performance.

      Can my employer insist I return to the office if lockdown childcare commitments make this impossible?

      In normal circumstances, it would not be appropriate for an employee to work from home while also providing childcare. However, employers may need to take a pragmatic approach. During any period that schools and nurseries are closed to children of the parents of non-key workers, the majority of parents in the workplace will face this issue and putting a blanket ban on working from home while also looking after children may preclude a large proportion of the workforce from performing any duties. In these unprecedented circumstances, employers may be prepared to take a more relaxed and flexible approach to homeworking and allow employees to work around their childcare responsibilities.

      The ACAS working from home guidance suggests that more flexible homeworking arrangements could be considered.

      How can employers ensure they are acting lawfully and avoiding gender discrimination?

      Employers must establish up-to-date policies within their employee handbooks and/or their contracts such as; equality, diversity inclusion and anti-discrimination policies.

      Employers need to take gender discrimination seriously and to ensure that all employees are able to identify how certain behaviours can be discriminatory, where to go and what to do if discrimination is suffered.  Employers should also make clear to all employees what sanctions there might be in cases where discrimination is found to have been suffered.

      Employers are encouraged to establish a clear mission statement in the workplace; by communicating to all employees through education and diversity training, inclusion policies and strategies.

      Our friendly team are available if you would like further advice, please contact us on 01206 700113 or email [email protected].

      Authors
      Archives
      Subscribe to RSS feed

      Recent Posts

      • Worth the wait
      • What is a section 37 report?
      • What is a section 7 report?
      @FJGSolicitors

      We've had a 5* review from Zoe: Moving home https://t.co/4lbJehtq0g

      19 hours

      RT @MistleyCC: How good did the new T20 kit look on Thursday?! 🔥 A massive thanks to @FJGSolicitors for sponsoring our kit this year! https…

      1 day

      We've had a 5* review from Nicholas: EXCELLENT ADVICE AND VERY EFFICIENT https://t.co/4lbJehtq0g

      2 days
      Billericay 01277 623132
      Braintree 01376 552828
      Chelmsford 01245 890110
      Colchester 01206 835300
      Clacton 01255 323103
      Frinton 01255 514100
      Holland-on-Sea 01255 818900
      London 08455 435700
      Sudbury 01787 373387
      • Disclaimer
      • Accessibility
      • Terms & Conditions
      • Privacy Policy
      • Cookies
      • Price & Service
      • Signup to our Newsletter
      • COVID-19 Risk Assessment

      Fisher Jones Greenwood is the trading name of Fisher Jones Greenwood LLP, a Limited Liability Partnership authorised and regulated by the Solicitors Regulation Authority and registered in England ( Number: OC305854 ). A list of members is available for inspection at the registered office at Charter Court, Newcomen Way, Colchester Business Park, Colchester, Essex CO4 9YA

      This website uses cookies & data collection

      Our website uses cookies, which are small text files that are placed on your computer by websites that you visit to distinguish you from other users. They are widely used in order to help website owners like us provide you with the best user experience possible. They also provide us with information that can help us improve our websites and marketing activities. By clicking an item or link on this website, you agree to the use of cookies and other data collection.

      Find out more

      We are welcoming clients back to our offices

      Differing tiers and three lockdowns later, Fisher Jones Greenwood Solicitors are now pleased to be able to welcome clients safely back to our offices.

      Remote working and the digitalisation of the way we work, have been key to keeping FJG and the rest of the country going.

      • We are now able to offer, pre-booked face-to-face appointments. Although, we are still able to offer remote appointments if preferred.
      • You can continue to visit our offices at any time to post any correspondence and documents through letterboxes.

      If you are visiting an FJG office, covid-19 safety rules of social distancing, hand sanitization, and the wearing of masks will still apply.

      • Please be aware you will also need to have your temperature taken on arrival.
      • There will also be protective screens in place to protect you and our staff.

      Please do not hesitate to contact your legal adviser by email or by telephone should you have any worries or concerns. Alternatively, please call our main switchboard number (01206 835300), and a message to return your call will be relayed to the relevant person.

      Best wishes
      Paula Cameron
      Managing Partner