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Sex or gender
[ch 7: pages 207-208]Section 11 of the EA 10 outlaws discrimination against either sex.
There is an important exception. Men cannot claim sex discrimination because an employer opts to give special treatment to women in connection with pregnancy or childbirth (section 13(6)(b), EA 10). However, any special treatment must go 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).
Fawcett Society Review
To mark the centenary of votes for women, in January 2018 campaigning charity the Fawcett Society published its Sex Discrimination Law Review, to test whether sex discrimination law in the UK is ‘fit for purpose’. Written by leading legal specialists, the review makes important and wide-ranging recommendations for change to existing laws and wider policy. These include making better use of procurement laws, strengthening the EHRC, promoting union recognition and bargaining, and legislating to introduce the socio-economic duty in England and Wales.
Fawcett Society Sex Discrimination Law Review is available from the Fawcett Society website.
https://www.fawcettsociety.org.uk/sex-discrimination-law-review-final-report