Under the Equality Act 2010, workers are protected against discrimination at work because of protected characteristics, including sex, pregnancy and maternity. In the workplace, discrimination can include direct discrimination, indirect discrimination, harassment and victimisation. Pregnancy and maternity are also protected in their own right.
This protection can apply in recruitment, day-to-day working life, promotion opportunities, sickness handling, disciplinary processes, dismissal and redundancy situations. The law protects employees, workers, job applicants and, in some cases, former workers.
Women’s rights at work are not limited to one type of complaint. Problems can arise in many different ways, including the following.
This might include being passed over for opportunities, spoken to differently, paid less for comparable work, or judged against standards that are not applied equally to male colleagues. Sex is a protected characteristic under discrimination law.
An employer must not treat you unfavourably because you are pregnant, because of a pregnancy-related illness, or because you are on maternity leave or have the right to take it. Protection applies during the legal protected period.
Harassment can include unwanted comments, conduct or behaviour that is degrading, offensive, humiliating or intimidating. Sexual harassment is also specifically covered in the workplace, and employers now have a duty to take reasonable steps to prevent it.
Sometimes a policy looks neutral on paper but has a worse effect on women in practice. This can amount to indirect discrimination – for example, where expectations around attendance, hours, promotion routes or reporting structures place women at a particular disadvantage.
If you complain about discrimination, support someone else’s complaint, or raise concerns about unfair treatment, you should not be punished for doing so. That may amount to victimisation.
If any of this sounds like what you’re dealing with, call Lawson West on 0116 212 1000 for a free initial conversation with an employment solicitor.
Workplace discrimination can also arise in connection with women’s health. This can include issues linked to menstruation, PMDD, endometriosis, menopause, reproductive health conditions, pregnancy-related illness, or symptoms that affect attendance, concentration, fatigue, pain levels or day-to-day functioning.
In some cases, an employer’s failure to listen, make sensible adjustments, or handle absences fairly can form part of a wider discrimination issue. Menopause symptoms, for example, may in some circumstances amount to a disability, which can trigger a duty to make reasonable adjustments. Women experiencing menopause symptoms may also be protected on grounds including sex and age.
If you think your rights are being affected, it can help to:
Make a note of what has happened, when it happened, who was involved, and whether there were any witnesses. Keep copies of relevant emails, meeting notes, messages, sick notes and policy documents where possible.
In some situations, raising the issue informally or through a formal grievance can be the right first step. What is appropriate will depend on the circumstances and the seriousness of the treatment.
Employment disputes often turn on documents, timing, and how concerns are presented. Early legal advice can help you understand whether the treatment may amount to discrimination and what practical next steps are available to you.
Employment claims are subject to strict time limits. In most cases you have three months less one day from the date of the treatment you are complaining about to start a claim, and you will usually need to notify Acas for early conciliation within that period. Early advice matters — even a short delay can affect your options.
Please contact us to speak with our employment solicitors in confidence.
Yes. Under the Equality Act 2010, pregnancy and maternity are protected in their own right. An employer must not treat you unfavourably because you are pregnant, because of a pregnancy-related illness, or because you are on maternity leave or have the right to take it.
In some circumstances, yes. Menopause symptoms may amount to a disability where they have a substantial and long-term effect on day-to-day activities, which triggers the duty to make reasonable adjustments. Women experiencing menopause symptoms may also be protected on grounds of sex and age.
Since 26 October 2024, UK employers have had a legal duty to take reasonable steps to prevent sexual harassment of their employees. It is an anticipatory duty, meaning employers should identify where harassment could occur and act to prevent it, rather than waiting for a complaint. Where an employer is found to have breached this duty, a tribunal can increase compensation by up to 25%.
Direct discrimination is being treated less favourably because of a protected characteristic — for example, being passed over for promotion because you are a woman. Indirect discrimination is where a policy applies to everyone but places a particular group at a disadvantage without good reason — for example, an attendance rule that disproportionately affects women with caring responsibilities.
In most cases you have three months less one day from the date of the treatment you are complaining about, and you must notify Acas for early conciliation within this period. Time limits are strict, so it is important to take advice as soon as possible.
If you want to see us face to face, we run four employment law walk-ins each week at our offices in Leicester and Market Harborough and this initial meeting with you is FREE of charge. We’ll look at your paperwork and advise on the best course of action. We can also meet with you digitally on Teams if you’re in another part of the country, in fact, we advise individuals on their employment legal needs right across the UK.
From settlement agreements, to redundancy, dismissal and disability and other types of employment dispute situation, we’re on hand to support and advise you. Please get in touch as soon as you can, as deadlines might apply.
Great client service is at the centre of our thinking, it’s embodied into how we train and develop our staff, how we help our clients and how we advise and assist people and business owners with their legal needs.
Our Core Values are Welcoming, Confident, Supportive, Knowledgeable and Dependable and we aim for clients to have a positive experience with Lawson West Solicitors.
Evidence of our great client service can be seen in the reviews and testimonials we regularly receive. We are always pleased to receive great reviews because it means our clients are happy with the service we provide, and it shows that we deliver on our core values, we don’t just talk about them. We really welcome client feedback and hope you enjoy reading some of the latest testimonials throughout this website.
