ap8889 wrote:Definitely unlawful. Gender is a protected characteristic under Equality Act 2010, so these job adverts are prima facie direct discrimination.
As to what you can do, I would take a photo of the ad, inform the advertiser of their breach, inform the Equality commission, and if there is no alteration then engineer a job application from a female to cement a future claim for discrimination, although this is no longer required following a recent ECJ ruling, it sure helps in your claim.
There is a lucrative cottage industry of professional claimants waiting to pounce on mistakes like this, make sure you get yours when you spot one.
Then it's a letter before claim, and hopefully profit, because let's face it they haven't a legal leg to stand on so must fold and offer to settle.
Apart from the fact that this is inherently fraudulent and morally repugnant it could also seriously backfire on the "professional claimant" (and I would personally hope that it would).
The Tribunals are well aware of the "lucrative cottage industry" to which you refer, and I suspect it's not quite as lucrative as it allegedly once was.
The leading case is Keane v Investigo & Ors UKEAT/0389/09/SM, where a 51 year old accountant applied for jobs that were clearly aimed at newly qualified accountants, and when she failed to get an interview she filed a claim of age discrimination.
Fortunately, several victims of her attempted fraud had the cojones to fight her to a hearing. Her claims were dismissed and, best of all, she was ordered to pay the costs, estimated at £50,000, on the basis that she never wanted the jobs in the first place, and was just trying to screw the potential employers.
She appealed, and her appeal was thrown out, which would have meant her having to pay even more costs - excellent!
In another similar case involving a Mr John Berry, the Employment Judge remarked:
"... the purpose of the Regulations is not to provide a source of income for persons who complain of arguably discriminatory advertisements for job vacancies which they have in fact no wish or intention to fill, and that those who try to exploit the Regulations for financial gain in such circumstances are liable, as happened to the claimant in the Investigo case, to find themselves facing a liability for costs."
More information here -
http://www.employmentcasesupdate.co.uk/ ... x?i=ed4637