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Unsure of your equality rights or the law? We can provide advice and assistance for people who feel they have been discriminated against.
 
 

Sex (including gender Reassignment)

Work related problem
Gender

Have I been discriminated against on grounds of my sex or related to gender reassignment?


If you have been treated unfairly on grounds of your sex, this may be unlawful discrimination. 

Men, women, those who are undergoing, have undergone or are intending to undergo gender reassignment, and pregnant women are all protected by the sex discrimination provisions. If you fall into any of these categories and you are treated worse than another person in a similar situation, you can challenge the treatment under the sex discrimination laws. If you are claiming pregnancy or maternity discrimination you don’t need to compare yourself to anyone else.

Is all sex discrimination the same?

 

How am I protected against sex discrimination?

 

What if my complaint relates to pay?

 

What if my issue is pregnancy or maternity related?

 

What if my issue is related to gender reassignment?

 

The menopause and work

 

What are my options?

 

Useful publications

 

Useful links

 
 

Time limits apply

Remember there are strict time limits for taking a case of sex discrimination. Complaints on employment issues must be made to the tribunals within three months from the date of the discriminatory act. Even if you are attempting to resolve problems internally, the statutory time limits still apply.

If you wish to lodge a claim with the tribunals, you must first notify the Labour Relations Agency and discuss the option of early conciliation.  Potential claimants will not be able to proceed to tribunal without at least considering this option.  Your time limit is likely to be affected by this.

If your time limit has expired the tribunal has discretion to extend the time for you to lodge your claim. This is used sparingly and it is unwise to assume that an extension will be granted.  You still need to contact the Labour Relations Agency before you lodge a claim out of time.


< Work related problem
 
Ask for advice
If you require information or advice please complete our online form. All information you submit is confidential – and if you wish to be contacted by us, please let us know the best way for you. You don’t have to share any personal information with us – we will not be able to identify you if that is your preference.



Make a discrimination complaint
We may be able to provide you with legal assistance. If you want to find out more, please use our discrimination complaint form complaint form to tell us the nature of your discrimination complaint and whether it is related to your age, disability, sex, race, religious belief/political opinion or sexual orientation.

Tell us what happened and we will contact you to talk through your complaint further.
 
 

Equality Commission NI

Alternatively, contact us:

Telephone: 028 90 500 600
Email: information@equalityni.org

Address:
Equality House
7-9 Shaftesbury Square
Belfast  BT2 7DP
 
We have listed below current legislation relevant to gender discrimination.  You should note that equality and anti-discrimination law may be changed or updated.  The law is also complex and can require interpretation.  Please feel free to contact our discrimination advice team if you need clarification or guidance on what the law means. Email: discriminationadvice@equalityni.org or tel:  028 90 500 600.


Refers to:
Sex discrimination
Pregnancy & maternity discrimination
Gender reassignment discrimination
Marital/Civil partnership status discrimination

 

 

Main law:
 

  • Equal Pay Act (NI) 1970 (this link is to the revised version of the statute that incorporates all of the several amendments that were made over the years up to and including 2005)
  • Sex Discrimination (NI) Order 1976 (this link is to the revised version of the statute that incorporates all of the many amendments that were made over the years up to and including 2008)

 

Amending laws:
 

 


European Union law:
 

 

Tribunal Rules

• The Industrial Tribunals and Fair Employment Tribunal (Constitution & Rules of Procedure) Regulations (Northern Ireland) 2020

• The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) (Amendment) Regulations (Northern Ireland) 2024

Conciliation Rules - Employment: Dispute resolution

• The Industrial Tribunals and Fair Employment Tribunal (Early Conciliation: Exemptions & Rules of Procedure) Regulations (NI) 2020
 

Nicola was a bakery assistant with a firm in Fermanagh. However, within a few months of taking the job she was dismissed. A Tribunal ruled that this was because she was pregnant and that she was therefore subjected to sex discrimination and was unfairly dismissed.

Speaking about the case Nicola said: “I was delighted when I got the job and believed that it would be long-term. When I found out I was pregnant I spoke to one of the owners and told her about it. She suggested that I think about whether it was best for me to continue working or if I’d be better off leaving. I didn’t want to leave, I was happy to work and I was devastated when I was dismissed a week later.”

The Equality Commission supported Nicola’s case and a Tribunal awarded her £7,500 for injury to feelings and £15,788 compensation for loss of earnings. Read more about Nicola's story>

 
Lauren's Story

Lauren, who had a 2 year-old son, was successful in gaining a graduate trainee manager position with an electrical company in 2012.  Prior to starting she visited the company and alleged that the manager told her she would struggle because she was a young woman, that women of child-bearing age were a hassle, that mothers do not make managers, and that she would have to work harder to compensate for her looks. The manager denied these remarks.

 

Lauren reported the exchange to the company managing the recruitment process but the job offer was withdrawn.  The Commission helped Lauren with a complaint of sex and age discrimination and her case was settled for a total of £20,000.

Read more of our case decisions and settlements
 

 
Noeleen's Story

Noeleen worked as a support worker and for several weeks in 2012 she and a male co-worker were the only employees on night shift.  Noeleen alleged that her co-worker engaged in unwelcome behaviour which made her feel degraded and stressed, including comments on her appearance and sex life and inappropriate touching such as hugging, tickling, poking and slapping her bottom.

 

Noeleen complained and on investigation the harasser admitted some behaviour was inappropriate and that he had touched her and made comments ‘in fun’. Her employer took disciplinary action against the harasser, however unaware of this, Noeleen resigned.  She was supported in a case alleging sexual harassment and constructive dismissal by the Commission and was awarded £12,293 by the Industrial Tribunal.

Read more of our case decisions and settlements


 

 
 

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