Is this legal? (Possible sex discrimination re job offer)

[CatKisser]

Last week an old uni lecturer I've stayed friends with got in contact as his (male) partner had secured an interview for a TA position - would I help, etc?

I'm a teacher so gave some activity suggestions and possible questions and it went really well, he felt.

The school contacted him today saying the situation "was complicated." They could not give him the advertised position as it was for 1:1 support with a girl - but there would be a support position for a boy coming up soon, for which he would be guaranteed an interview and wouldn't be required to do the teaching activity.

Can anyone help me understand whether this is ok for the school to do this?

Thanks

Its fine. Personal assistant jobs are protected due to the potential for personal care needing to be provided.

Of there's a genuine occupational requirement for one gender or the other then they are within the law to recruit on this basis.

If the role involves personal care then it can be exempt from gender discrimination laws.

If the employer can demonstrate it is a 'genuine occupational requirement' they can exclude on the basis of gender (eg working in a woman's refuge) or any other protected characteristic (eg needing to be able to heavy lift for certain roles could exclude those with certain disabilities).

Why did they interview him in the first place then if they wanted a woman? Sounds strange.

www.wcwonline.org/pdf/lawcompilation/England-sex%20discrimination.pdf

Sex Discrimination Act Section 7 (2) (b) (ii) makes it lawful.

I'm surprised that you think that it would be reasonable to think this was sexual discrimination rather than first thinking of the rights of the cared for person to choose to be provided with personal care by someone of the same gender.

Yes, I'm not sure why they interviewed him if they wanted a woman, either! And the personal care thing did enter my mind - I'm assuming it must be for that reason.
Ah well, it sounds like he has a good chance for the upcoming position.
Thanks for the speedy info!

Westmorland, don't be a dick - I don't know for certain that the reasons for needing a woman ARE for personal care issues. I asked the question out of personal interest and on behalf of a friend.

I don't think that was a very fair response to my post really. I was genuinely expressing surprise that someone in that circumstance would consider it to be sexual discrimination and pointed you in the right direction for the relevant legislation.

You are of course entitled to your opinion but I don't think it was necessary to call me a 'dick'.

Yes, you're right, I should thanked you for the link to the legislation.

However, this comment:

I'm surprised that you think that it would be reasonable to think this was sexual discrimination rather than first thinking of the rights of the cared for person to choose to be provided with personal care by someone of the same gender.

is unfair, as it implies I don't care about the well being of a child with serious SEN and would rather call "ooh, discrimination!" I do not even know that the child who need the 1:1 support requires personal care. As I said, it seems odd they'd interview a man if they needed someone to carry out personal care.

With personal care, is there an age limit at which it starts? For example intimate personal care of a child aged 8+ I can see fitting with requiring same gender but what about care of a 2 year old, or baby who is just like othr children their age in needing a nappy changed?

CatKisser, I would have been expected to be told it was intimate care of a female thus only open to females when making initial enquiry about the role.