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Sex Discrimination Act

This episode of the Law Report focuses on sex discrimination, in particular the application of the Sex Discrimination Act in the courts and implications of the Equality Act 2006. This is an advanced level course.



The Sex Discrimination Act 1975 provides protection against unlawful discrimination to both men and women. It makes sex discrimination unlawful in employment, vocational training, education, the provision and sale of goods, facilities and services, premises and the exercise of public functions.

Following a discrimination law review, the Government is now proposing a single Equality Bill for Great Britain. The aim is to create a clearer and more streamlined discrimination legislative framework which produces better outcomes for those experiencing disadvantage.

The information in this podcast represented the legal position when it was recorded on 06/09/2007

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Aims and Outcomes

This podcast explores how the Sex Discrimination Act is applied by the courts.

It will be useful for any lawyers with an interest in this area of the law and specialists wanting further insight into recent judgements.

The interview lasts for 27 minutes. It will take you a further 20 minutes to complete the questionnaire. You will need to get 50 per cent of the questions right to gain your CPD.

Learning outcomes

After listening to the interview, you will understand:

  • Compensation for injury to feelings in sex discrimination cases
  • The burden of proof in sex discrimination cases and Court of Appeal guidance
  • Establishing prima facia sex discrimination
  • How the differential payment of bonuses and pay rises might constitute sex discrimination
  • Whether refusing a request to work part-time after maternity leave is indirect sex discrimination
  • Making a claim for sex discrimination after employment has ended
  • The implications of the Equality Act 2006
  • The implications of the Equal Treatment Directive
  • The issues in the Government’s consultation on a single Equalities Bill
Jane Russell
Jane Russell

Jane Russell is a barrister with Tooks Chambers specialising in employment and discrimination law. She has appeared in the Court of Appeal, Employment Appeal Tribunal and Employment Tribunal on behalf of both claimants and respondents in unfair dismissal, wrongful dismissal, race, sex, sexual orientation and disability discrimination claims. She has advised and settled pleadings in a wide range of employment law matters. She is particularly interested in race and sex discrimination issues.

Her recent notable cases include:

  • Famy v Hilton UK Hotels Limited (EAT/0639/2005) (Race Discrimination – Failure to Promote)
  • Kelly v Football Association (EAT 0015/2005) (Disability Discrimination – Discrimination by other bodies)
  • Securicor Security Limited v Toujani (EAT 0050/2005) (Race Discrimination – Victimisation)
  • Peters v Sat Katar Co Ltd CA [2003] IRLR 574 (rules of procedure – institution of appeal – time limit)

Jane previously practised as a solicitor and solicitor-advocate for six years. She worked in the employment departments at Linklaters and Herbert Smith and was Deputy Head of the employment department at Fisher Meredith.

She qualified as a solicitor in 1998 and gained higher rights in all proceedings in 2001. She joined Tooks chambers in 2004. She is a member of the Discrimination Law Association, the Employment Law Bar Association and the Employment Lawyers Association.