Sex discrimination in the workplace, as defined under the Equality Act 2010, occurs when an employee is treated differently because of their sex in specific situations.

The employment tribunal ruling in the case of Ms. Anca Lacatus v Barclays Execution Services Ltd and Others emphasises the importance of workplace fairness, reasonable adjustments, and compliance in the workplace. The tribunal found that Barclays did not sufficiently accommodate Ms. Lacatus’ requests for workplace adjustments. This failure led to a ruling of direct sex discrimination. The case raises key legal and ethical considerations for businesses, especially SMEs, focusing on creating inclusive and compliant workplaces.

 

Background

Ms. Anca Lacatus joined Barclays as an analyst in 2018. During her time at the company, she was diagnosed with endometriosis, a condition that causes chronic pain and can affect daily life. Alongside this, she experienced anxiety, making it harder to meet her role’s demands under standard working conditions.

To help manage her health, Ms. Lacatus requested adjustments. These requests included modifications to her working hours and additional flexibility to accommodate medical treatments. Despite multiple attempts to discuss these adjustments, Barclays did not implement the requested accommodations. The tribunal also heard evidence that a manager had referred to women as “birds” which contributed to the finding of a discriminatory workplace environment.

 

Tribunal Findings

The East London Employment Tribunal found that:

1. Failure to Provide Reasonable Adjustments – Barclays did not take adequate steps to support an employee with a known medical condition, placing her at a disadvantage compared to her colleagues.
2. Direct Sex Discrimination – Since endometriosis affects only individuals assigned female at birth, the tribunal ruled that failing to accommodate her condition amounted to direct sex discrimination under the Equality Act 2010.
3. Inappropriate Language –  Referring to women as “birds” contributed to the tribunal’s conclusion that the workplace environment was discriminatory.
4. Compensation Award – Barclays was ordered to pay £50,000, covering injury to feelings and financial losses caused by the discrimination.

 

Definition of Sex Discrimination Under the Equality Act 2010

Under the Equality Act 2010, sex discrimination occurs when an individual is treated unfairly because of their sex. This includes direct discrimination, where someone is treated less favourably than someone of the opposite sex in comparable circumstances, and indirect discrimination, where workplace policies disproportionately disadvantage one sex unless objectively justified. The tribunal ruled that Barclays’ failure to accommodate Ms. Lacatus’ condition, which affects only those assigned female at birth, constituted direct sex discrimination because it placed her at a disadvantage in the workplace.

The ruling reinforced that employers are legally required to consider and implement reasonable adjustments where necessary and that failing to do so can result in both financial consequences and reputational damage.

 

Key Learnings

This case highlights the importance of supporting employees and ensuring legal compliance. Key takeaways include:

1. Understanding the Legal Requirement for Reasonable Adjustments

The Equality Act 2010 mandates that employers must make reasonable adjustments for employees with disabilities or long-term health conditions. Failing to do so can constitute discrimination. Employers must ensure they have clear processes for handling adjustment requests. They should also engage in meaningful discussions with employees about their needs.

2. Proactive and Inclusive Workplace Practices

Businesses should not wait for legal action to prompt change. Creating an inclusive workplace culture that prioritises employee well-being can prevent disputes and improve retention. Organisations should ensure their policies offer flexibility for employees with medical conditions. Managers should actively support and apply these adjustments to promote a more inclusive workplace.

3. Maintain Open Communication

Regular check-ins with employees and a clear process for handling workplace adjustments can reduce the risk of conflict. Employees should feel comfortable raising health-related concerns without fear of retaliation or dismissal.

4. Risk of Non-Compliance

Failing to implement reasonable adjustments can have significant consequences, including legal action, financial penalties, and reputational damage. SMEs, which may not have large HR departments, should seek professional guidance to ensure compliance.

5. Training and Awareness for Management

Line managers and HR professionals should receive regular training on employment law and best practices for handling employee health accommodations. Organisations should incorporate awareness of conditions such as endometriosis and mental health challenges into their workplace policies.

 

Final Thoughts

This tribunal ruling serves as a reminder for businesses of all sizes. It highlights the need for fair treatment, compliance with employment law, and proactive workplace adjustments to support employees. Organisations should review their policies and seek expert guidance where necessary to ensure they meet their obligations under the Equality Act 2010.

For businesses looking to strengthen their approach, the HRi Directory connects SMEs with HRi Certified professionals who can provide guidance on workplace compliance, employee well-being, and best practices in HR management. Investing in a fair and legally sound workplace helps avoid legal risks and builds a culture where employees feel valued and supported.

By ensuring compliance and building an inclusive work environment, SMEs can create a more productive and legally compliant workplace while reducing the risk of costly tribunal cases.