Sex discrimination
More than two-thirds of UNISON members are women. As well as earning less than men, women are more likely to face sex discrimination and harassment at work.
Many women also have caring commitments and have to juggle work and home commitments, so they are more likely to work part-time, to take career breaks or be overlooked for promotion. All these factors combine so that women may receive much lower pensions and many women retire into poverty.
These are just some of the reasons why UNISON takes sex discrimination seriously. We are committed to leading negotiating and campaigning on women’s rights at work and in the community and to fighting sex discrimination wherever it arises.
On this page
What is sex discrimination?
Women and men have the right not to be discriminated against at work because of their sex.
Some employers have outdated ideas about what work is appropriate for women, what work is appropriate for men, and how that work should be rewarded. Some employers allow or ignore sexual discrimination in the workplace or apply rules that put either women or men at an unfair disadvantage.
Although there has been an Equal Pay Act in force in the UK since 1975, women still earn an average of 19.8% less than men, according to the Office for National Statistics.
Equality Act 2010
Sex discrimination in Great Britain is one of the areas covered by the Equality Act 2010, which includes legislation against many forms of discrimination.
In Northern Ireland, sex discrimination is covered by the Sex Discrimination (Northern Ireland) Order 1976 and related regulations, rather than the Equality Act 2010. These laws protect workers from direct and indirect discrimination, harassment and victimisation on the grounds of sex.
The Equality Act 2010 (and the Northern Ireland equivalents) aims to protect everyone’s rights in all areas of their lives.
Employers should treat men and women equally, including:
- When they apply for a job.
- Terms and conditions.
- Part-time and flexible working arrangements.
- Pay and benefits.
- Training, development, promotion and appraisals.
- Dismissal, redundancy and retirement.
The law defines four types of sex discrimination:
- Direct discrimination – treating someone less favourably because of their sex.
- Harassment – unwanted behaviour related to a person’s sex that has the purpose or effect of violating someone’s dignity, or creates an intimidating, hostile, degrading, humiliating or offensive environment for that person.
- Indirect discrimination – where an employer imposes a rule or applies a practice to everyone which puts either men or women at a particular disadvantage compared to others. An employer may be able to justify indirect discrimination if it is a proportionate means of achieving a legitimate aim.
- Victimisation – when you are treated unfavourably because you have complained about discrimination or supported someone who has.
UNISON and equal pay
One of the fundamental principles we stand for at UNISON is equal pay. Nobody should be paid less because of their gender.
The law says that people doing the same or similar work, work which is of equal value or work that has been rated as equal through job evaluation must be paid the same – this is a principle that we defend using negotiation, litigation and direct action.
Frequently asked questions
You are protected from such harassment under the Equality Act 2010 (the SDO in Northern Ireland).
You should speak to your UNISON rep immediately, and in the meantime make a record of any incidents.
It is unlawful for your employers to discriminate against you for reasons connected to pregnancy (including pregnancy-related illness) or maternity leave. See your UNISON representative immediately.
Legal disclaimer
The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland.
While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.