“My colleague has made sexist comments”
The days are gone when it was perceived to be OK to display ‘girly’ photos on the workplace wall, and for male managers to make lecherous remarks about the pretty girls in their summer dresses. Today, most people know that no-one should have to put up with sexist remarks at work (or anywhere else).
Under the Equality Act 2010, it’s illegal. ‘Sex’ can mean either male or female, or a group of people such as men or boys, or women or girls.
The Act says you must not be discriminated against because:
- You are (or are not) a particular sex
- Someone thinks you are the opposite sex (this is ‘discrimination by perception’)
- You are connected to someone of a particular sex (this is ‘discrimination by association’)
We’re writing this article the day after England’s Lionesses lost the final of the Women’s World Cup in a tight encounter with Spain. Meanwhile, the film Barbie is breaking all box-office records with its stand against “the Patriarchy” and focus on feminism and the gender war. And Taylor Swift’s sold-out tour is being lauded as a ‘cultural moment’.
Yet despite the raised profile of sexism, women still face sexist behaviour everyday, as indicated by the #everydaysexism hashtag on X (formerly known as Twitter).
We recognise that sexism also works the other way around, for example, with white men rightly complaining about being labelled: “Male, pale and stale”. However, it’s more common for a male to make sexist comments about a female, as shown in this recent example.
Case study
Ashleigh Fountain (female) and Waqar Butt (male) worked for recruitment company, Elevate Staffing Ltd, on a project that started in November 2020. They were tasked with interviewing HGV and lorry drivers at service stations about their experiences since Brexit. Ashleigh used to give Waqar lifts to work, so the pair of them used to bid for the same shifts.
On 9 December, Ashleigh told manager, Tara Stephens, that Waqar had threatened her.
Tara had previously heard him shouting at Ashleigh, saying:
- She was a lusty woman
- She was going to be sacked
- She should go back to her job as a stripper
Waqar told Tara that:
- Ashleigh was never there
- She didn’t do her job properly
- She was late to work
- She slept at work
- She bunked off work
- She antagonised him
- She was not a good friend
- He was a gentleman
- She should be sacked
Waqar was removed from the project in December due to behaviour issues and “inappropriate remarks about women”.
He claimed that Tara called him sexist and a liar, and that she used racist language against him, saying things like: “I know you people” and “I’ve dealt with people like you”.
The outcome of this was that:
- Ashleigh claimed against the recruitment company who hired her for sex discrimination and was awarded £5,960
Her claim of victimisation was dismissed - Waqar claimed for race discrimination because of the way the firm handled Ashleigh’s complaint, and was awarded £4,768
The case was heard by Employment Judge Jonathan Gray at the Southampton employment tribunal.
He found that the comments Waqar made to Ashleigh were abusive and demeaning on the grounds of sex, as they wouldn’t have been made to a man. The Judge also found that the comments made by Tara to Waqar had a racial connection.
What this means to you
You should not be treated differently at work because of your sex, whether that’s a one-off action or a rule or policy.
Sex discrimination can be take various forms:
Direct discrimination is when you are treated worse when someone of the opposite sex who’s in the same situation as you.
Indirect discrimination is when your employer sets up a practice that applies to everyone but disadvantages you because of your sex (unless they can justify the practice by giving a legitimate reason).
Harassment is when someone at work makes you feel humiliated, offended or degraded by creating a sexist atmosphere or an environment where sexism is tolerated.
Sexual harassment is when someone at work makes sexist remarks, or unwanted touching, or even assault.
What’s more, you should not be treated unfairly because you refuse to put up with sexist behaviour. For example, you should not be refused promotion because you turned down a proposition made by your boss, or because you used to have a sexual relationship with them that’s now ended.
Victimisation is when you’re treated badly because you made a complain of sex discrimination, or you supported someone else to do so.
Your employer has a responsibility to prevent sexist behaviour by managers, staff and even by suppliers and customers in the workplace.
The only time it’s legal for people of different sexes to be treated differently is when it’s:
- an occupational requirement
- positive discrimination
- for reasons of combat effectiveness in the Armed Forces
- for fairness in competitive sports
- for religious purposes
- a women-only service for victims of domestic violence (or male parallel)
How we help
We are employment lawyers with offices in Northern Ireland, Newcastle-upon-Tyne, London and Leeds. We act for employees across the UK who are in dispute with their employers. The initial conversation is free and with no obligation, so why not give us a call?
If your colleague has made sexist comments against you or someone else at work, you may be able to win compensation.
Related reading
If you found this information useful you might like to read our other articles on the subject:
- Sex discrimination at work
- Indirect sex discrimination. Would you recognise it?
- When CAN’T you claim sex discrimination?
- When is sexual harassment NOT sexual harassment?
- Your employment law guide to Christmas parties
- Our professional guide to discrimination at interview
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For a FREE assessment of your claim, call 0808 168 7288 or fill in the contact form on the top right of this page.
We have already helped thousands of people to win millions of pounds in compensation.
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We will also discuss the best methods of funding your case and seek to reach a solution that best suits your needs. This can involve a “no-win, no-fee” agreement if appropriate.