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Preventing and Acting on Sex Discrimination in the Workplace

Written by Robert Maddocks | Feb 17, 2023 11:35:40 AM

Robert qualified as Solicitor in 2008 and joined Bermans in July 2019, becoming a Partner in the Employment team in 2022.

He is known for delivering strategic and commercial advice to clients in different sectors. He has contributed to industry journals and national press with articles on employment law issues. He acts for a wide range of clients ranging from OMB’s to large national and international companies, however he has a particular focus on owner managed SME’s.

Robert regularly advises on complex internal HR and employment law issues as well as business re-organisations, restructures and TUPE transactions. He is particularly experienced at representing clients in the Employment Tribunal and regularly appears as an advocate.


The rise of the #MeToo movement and the (lack of) equal pay are unfortunately still dominating the agenda in employment law. It highlights the reality that sex discrimination in the workplace still occurs on a daily basis, sometimes in the form of unconscious bias.

We set out practical steps an employer can take to reduce sex discrimination from happening and dealing with related complaints. These points are a starting point in addressing such circumstances:

1.    Have an equal opportunities and anti-harassment policies in place. Ideally, these should be part of a company handbook and should be clear, easy to read and accessible.

2.    Communicate to staff that you will adopt an absolute zero tolerance approach towards sex discrimination.

3.    Train managers in dealing with sex discrimination complaints and to also identify circumstances that could lead to complaints, and where unconscious bias maybe a causative factor. Managers should have the skills needed to deal effectively with such complaints. 

4.    Have an open-door policy for staff who are affected and need to make a complaint and be open and transparent in any investigations.

5.    When a complaint is received, act immediately. Speak to the complainant and the alleged discriminator and minimise contact between them. An employer may look to; changing working hours, redeployment or suspension, depending on the circumstances. Set out the need for confidentiality during any investigation.

The employer should keep written record of all incidents, meetings, investigations and of steps taken in responding to a complaint.

The employer should also take legal advice before action is taken and the investigation should be concluded as early as possible. 

Connect with Robert here.