Indirect sex discrimination and sex workers

Indirect sex discrimination and sex workers

BOUNCE BACK LOANS FOR SEX WORKERS AND INDIRECT SEX DISCRIMINATION

This matter is being highlighted to remind businesses that sex discrimination can arise in many ways, without it ever being the intention.

We will try to avoid the puerile humour which can place “bounce back” and “sex worker” in the same sentence. There is a serious point to this bulletin about sex discrimination.

The first point to make is that the sex worker concerned is an adult female who is British and, believe it or not, pays tax.

This sex worker paid tax and ran her profession, as far as we can tell, as a business. She followed the lockdown rules and ceased trading when a lockdown was announced.

The sex worker concerned has threatened a claim for sex discrimination against a bank that refused her a bounce back loan following a period of Covid enforced shutdown. It seems that the bank did not like to support this oldest of professions.

The lady in question pointed out that she was being refused because of her occupation. That occupation (statistically) is predominantly pursued by women. Therefore, the bank was placing a criteria upon someone which appeared neutral, but which affected more women than men in a negative way. Thus, she argued it was indirect sex discrimination. The bank subsequently backed down and agreed to provide the loan.

Had it gone to trial, she may well have won that argument.

If you have any employment law related questions, please contact Trula Brunsdon on 01242250039 or at trula@sherborneslaw.co.uk.