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Sex: key legislation
An outline of issues of equality law specific to sex
In England, Scotland and Wales, the Equality Act 2010 brought together and harmonised equality legislation. Our Equality Act 2010 law page contains an overview of the Act and should be read in conjunction with the information here.
Specific issues of the law covering sex are also detailed below.
Legislation in Northern Ireland is different, and is covered in the section below. This should be read in conjunction with the following briefing:
England, Scotland and Wales
The Equality Act 2010 provides protection against discrimination, harassment and victimisation on the grounds of sex.
Definition
Sex is a protected characteristic under the Act and it protects men (being a man) and women (being a woman).
Previous legislation
The Sex Discrimination Act 1975 (as amended) has been revoked as parts of the Equality Act 2010 commenced. Much of the Act was revoked in October 2010 and the gender equality duty was revoked on 6 April 2011.
However, the Act can still be relied on where the discriminatory act complained of (such as a case of sex discrimination) occurred wholly before 1 October 2010.
The gender equality duty has been replaced by the public sector equality duty of the Equality Act 2010. There are separate specific duties for England, Scotland and Wales.
Sex-specific law
The Equality Act 2010 gives women and men a right to equal pay for equal work.
The equal pay provisions within the Act replace previous equality provisions within the Equal Pay Act 1970, the Sex Discrimination Act 1975 and the Pensions Act 1995.
Further information
Northern Ireland
The Northern Ireland Act 1998 established the devolved Northern Ireland Assembly. Anti-discrimination legislation is devolved to the Northern Ireland Assembly.
The legislation applies to both staff and students, before, during and after the relationship with the higher education institution. The legislation covers employment, education, and the provision of goods, facilities, services and premises.
The Sex Discrimination (Northern Ireland) Order 1976 prohibits discrimination and harassment on the grounds of sex.
In addition, Section 75 of the Northern Ireland Act 1998 places Northern Irish public authorities, including higher education institutions, under a duty to have due regard to the need to promote equality of opportunity between men and women. It is also implicit in the Act that higher education institutions are required to show due regard to the need to eliminate discrimination, victimisation and harassment on the grounds of sex. Northern Irish higher education institutions have to meet specific duties in relation to this general duty.
Further information
The Equal Pay Act (Northern Ireland) 1970 as amended prohibits sex discrimination in relation to pay and terms of employment.