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Sex discrimination against men: Last week, we gave five ways in which employers can fall foul of sex discrimination legislation against a man. Here are five more:
6. FEMALE DOMINATED WORKPLACES
There are examples from case law of employers with mostly female staff discriminating against male employees or job applicants. Matthew from Consensus HR explains: “In one case a male manager in a predominantly female organisation was unlawfully selected for redundancy by a female manager – she thought that women would “better fit into the organisation”. In another case the failure to shortlist the only male applicant out of a substantial number of applicants for a post in a school where almost all the staff were female was found to be sex discrimination.”
7. MALE PROTECTION
Although sexual harassment is often thought of as a man making sexual advances towards a woman, male employees can be the victims of sex discrimination under the Equality Act’s harassment provisions.
“Marital status” is a protected characteristic under the Equality Act 2010. The wording of the Equality Act is wide enough to protect a male employee or job applicant who is discriminated against because of his marital status.
Employers should avoid requirements related to medical conditions that are more prevalent in one sex. For example, statistics have shown that colour-blindness is much more common in men than women and an employment tribunal ruled that a male police officer who was removed from operational duties because his colour vision did not meet the required standards was the victim of sex discrimination.
10. ENHANCED PAY
A good example of this is the payments made during maternity and paternity leave.
Shared parental leave replaces additional paternity leave for parents of children expected to be born on or after 5 April 2015.
Employers that enhance maternity pay but decide not to enhance shared parental pay must clearly justify this decision. (Read more about Shared Parental Leave.)
Last week’s blog described five other sexist scenarios that men face at work, (read blog)
Employers need to be aware of the incidents that can happen with both sexes. (Our earlier blog about ten sexist scenarios that women face at work -(read blog.)
Consensus HR is here to offer support and guidance if needed. Please contact us for an informal discussion.