Law at work 2021 - the trade union guide to employment law (July 2021)

Chapter 7

Sex

[ch 7: page 229]

Section 11 of the EA 10 outlaws discrimination against either sex.

There is an important exception. Men cannot claim sex discrimination because an employer gives special treatment to women in connection with pregnancy or childbirth (section 13(6)(b), EA 10), provided that any special treatment goes no further than is reasonably necessary to compensate the woman for any disadvantage suffered through being pregnant or on maternity leave. Otherwise the man will have a claim for direct sex discrimination (Eversheds Legal Services Limited v de Belin [2011] UKEAT/0352/10). This case is summarised on pages 439-440.


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