Equality Law at Work 2018 - a guide for trade unions and working people (October 2018)

Chapter 2

Sex

[ch 2: page 26]

Section 11, EA 10 prohibits less favourable treatment of a man or a woman because of their sex. This includes less favourable treatment because someone is mistakenly perceived to be of a particular gender.

There is an important exception in section 13(6)(b), EA 10. This says that it is not less favourable treatment of a man for an employer to give special treatment to women in connection with pregnancy or childbirth. However, any special treatment must not go any further than is reasonably necessary to compensate the woman for the disadvantage she suffers 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 page 123).


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