Sexual discrimination question

[checker]

Have name changed as aware could be outing of linked to prior posts.

Friend is working for a company where there is some office work and some work out on site. Site visits include some heavy lifting. There are 5 people doing similar job and when hired all were told job would involve office and on site work. The men have received training for the site visits and the women have been told this won't be necessary. Friend has been told she won't be going on site as she is woman/can't do the heavy work.

Friend not happy - and feels she is being side lined into the soft office jobs while the men go do the heavy stuff.

Some of the work, but not all on site does involve lifting. Friend is fit and healthy but acknowledges she couldn't lift all same stuff as some of the guys. But she thinks could do a lot . But what's the situation here? I can't think of anything similar ... but now I think of it removal men, furniture delivery etc is men?

What's friends position here? She's fed up but for a variety of reasons may just put up with it. But what's the legal perspective?

The legal perspective would be that the employer could defend a claim of discrimination if they can demonstrate a proportionate means of achieving a legitimate aim. In this case the legitimate aim might be to ensure health and safety of staff and another could be to ensure the efficient provision of a service.

In terms of your friend, who acknowledges she could not do all the work, then there would presumably be inefficiencies if they had to swap a man in every time there is something she cannot do.

I’d probably be inclined to push it somewhat if I were her, see if they can come up with a better balance of site and office roles. But as I mention above, there may well be a legal defence.

That's really helpful. Thank you.

If they were recruited on ghd send terms I'd think the men would also have a sex discrimination claim if they're being asked to work outside and she isn't.

Bah! 'ghd send' the same.

Thank you. Good insight. Really helps me to support friend

Your friend could suggest a trial e.g. doing a day/week to identify what they can/can’t do.

A blanket allowing men to do it but denying women based solely on sex must surely be unlawful discrimination? It should come down to the capabilities of the individual

I agree with User, it should come down to the capabilities of the individual not their sex.

My son is a musician. For years I ran a stage school and lumped heavy pieces of musical and technical equipment around. When ds gigs, I'm the one carrying heavy amps etc into venues, he is a weakling and can't, dh has back problems and can't. There is only one piece of equipment I can't manage on my own that one of the other lads can.