Gender 

Current position

Discrimination in employment on the grounds outlined above includes pay, terms and conditions, and when providing housing, goods, services or facilities. Sexual harassment and victimisation are also prohibited. However, it is not unlawful to discriminate against someone because they are not married.

Public authorities also have a positive duty to promote gender equality.

Key legislation

The three primary pieces of legislation relating to sex discrimination are:

• Equal Pay Act (1970) - introduced the concept of equal pay for work of equal value
• Sex Discrimination Act (1975) - made discrimination unlawful on the grounds of sex, marital status and gender reassignment
• Equality Act (2006) - introduced a positive Gender Equality Duty on public sector bodies to promote equality of opportunity between women and men and eliminate sex discrimination

There are also additional pieces of legislation, orders and regulations covering maternity, paternity, adoption and carer's leave.

Alongside the above, there is specific legislation and guidance covering the rights of people who have undergone gender reassignment. These are:

• Sex Discrimination (Gender Reassignment) Regulations 1999 - prevents sex discrimination on gender reassignment. It clarifies the law for transsexual people on equal pay and treatment in employment and training.
• Gender Recognition Act 2004 - provides transsexual people with legal recognition in their acquired gender following the issue of a full gender recognition certificate, by a gender recognition panel.

What employers must do

The gender legislation places a number of duties and responsibilities on public sector employers.  For details on requirements for employers, see our web pages on Equal Pay, the Gender Equality Duty and the Sex Discrimination Act.

Implications

The gender equality duty – combined with the existing legislation around equal pay and gender recognition issues – means that all healthcare providers must consider the different needs of women and men, when developing policies and services. Organisations must also look at their employment policies to see whether they affect women and men differently and what more they can do to ensure equality of opportunity between them.

Issues

There is still a significant pay gap between men and women in the UK, although this is slightly better in the public sector. In terms of part-time workers and pay, the gap widens and the differences become more marked. As the largest employer in the UK and with almost 75 per cent of staff being female, the NHS has a key role in this area.

Shared learning

Some examples of good practice on gender equality can be found in our shared learning web pages including:

• Lancashire Care NHS Foundation Trust - they developed a number of initiatives, including a City and Guilds accredited training course to raise staff awareness of sexual orientation issues
• The Royal Liverpool and Broadgreen University Hospitals NHS Trust  - they established an LGBT staff network and made a commitment to becoming Stonewall champions
•  NHS Sefton and Sefton Equalities Partnership - addressing transgender through creative recruitment practices

More information

For general guidance see:

• NHS Employers - advice and guidance to boards on managing equal pay claims
• NHS Employers - summary of the key issues that organisations should consider through organisational change to deliver on equality and diversity.
• Cabinet Office - a job evaluation good practice guide 2007
• Government Equalities Office - a factsheet on tackling the gender pay gap
• ACAS - guidance and tools for employers and staff on the gender pay gap

For full details of specific legislation on gender see the Office of Public Sector Information.