Sex discrimination
A Practice note examining sex discrimination in employment under the Equality Act 2010 (EqA 2010). It provides guidance on the key protections against direct and indirect sex discrimination, harassment, and victimisation in the workplace. It discusses the statutory definition of "sex" and the distinction between sex discrimination and equal pay claims. The note explores core concepts such as less favourable treatment, the use of real and hypothetical comparators, and what constitutes a provision, criterion or practice (PCP). It also covers the objective justification defence and lawful exceptions to discrimination, including occupational requirements. It also considers the practical application of these principles to workplace issues such as dress codes, menopause, breastfeeding, and the special treatment afforded to women in connection with pregnancy and maternity.
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