Sex and Gender Discrimination in the Workplace

Sex and gender discrimination in employment affects many people across England and Wales and arises where individuals are treated less favourably because of their sex or related characteristics. UK law provides strong protections to ensure fairness and equality at work, covering recruitment, terms and conditions, pay, training, promotion, dismissal and other working arrangements. This article explains the legal framework, the types of unlawful discrimination, how to raise concerns, the role of tribunals, time limits, remedies and practical guidance for both workers and employers. The explanation uses clear language suitable for non‑experts while maintaining precise legal terminology relevant to solicitors, HR professionals, and tribunal claimants.

Legal Framework: The Equality Act 2010

Sex and gender discrimination at work is principally governed by the Equality Act 2010, which makes it unlawful to treat someone unfavourably due to their sex or associated characteristics. The Act consolidates and replaces earlier discrimination statutes into a single legal framework covering all protected characteristics, including sex.

Under the Act, individuals are protected from discrimination in all aspects of employment, including:

• Recruitment and selection
• Pay, benefits and promotions
• Terms and conditions of work
• Training and development opportunities
• Redundancy, disciplinary action and dismissal

These protections extend to employees, workers (including agency and casual staff), job applicants and, in some cases, former workers in relation to specific matters such as references.

Recent case law has clarified the meaning of sex under the Act. In 2025 the UK Supreme Court held that the terms “man”, “woman” and “sex” refer to biological sex for the purposes of the Equality Act. Guidance from the Equality and Human Rights Commission is being updated to explain the practical implications of this ruling.

Who Is Protected?

The Equality Act 2010 protects people regardless of how long they have been in a job. Protection applies from the moment the protected act occurs, including during recruitment and after employment ends in limited circumstances. Both men and women are afforded equal protection, and the law prohibits discrimination against any individual because of their sex. Workers with characteristics associated with gender reassignment are protected under a separate protected characteristic but may be entitled to protection related to sex in certain circumstances.

Types of Sex and Gender Discrimination

UK law recognises several forms of unlawful discrimination related to sex and gender in the workplace:

Direct Discrimination

Direct discrimination occurs when someone is treated less favourably because of their sex compared to someone of the opposite sex in similar circumstances. For example, refusing to consider a woman for a job solely because she is female would constitute direct discrimination.

Direct discrimination can also arise by perception (treating someone unfavourably because others perceive them as a member of a sex) or by association (treating someone unfavourably because they are connected with someone of a particular sex).

Indirect Discrimination

Indirect discrimination occurs where an employer applies a seemingly neutral policy or practice that puts one sex at a particular disadvantage. For example, requiring all staff to work full time may disadvantage women if they disproportionately shoulder childcare responsibilities, unless the requirement can be objectively justified as a proportionate means of achieving a legitimate aim.

Harassment

Harassment related to sex or gender involves conduct that is unwanted and that either violates a person's dignity or creates an intimidating, hostile, degrading or offensive environment. This can include sexist jokes, derogatory remarks, or inappropriate comments about gender roles. Employers are strictly liable for harassment by employees unless they can show they took all reasonable steps to prevent it.

Victimisation

Victimisation arises when a person is treated poorly because they have complained about discrimination, supported someone else's complaint, or given evidence in connection with a discrimination claim. Such retaliation is unlawful.

Pregnancy, Maternity and Related Protections

Though closely related, pregnancy and maternity discrimination are distinct from sex discrimination and carry special protections under the Equality Act. Employers must not treat someone unfavourably due to pregnancy or maternity leave. For example, dismissing a woman because she is pregnant is automatically unfair dismissal regardless of length of service, and may also constitute unlawful discrimination.

Raising Concerns Internally

Before making legal claims, many disputes are initially addressed through internal grievance procedures. These procedures provide an opportunity for employees to document incidents, allow employers to investigate, and may result in corrective action without formal legal proceedings.

To strengthen internal complaints:

• Keep clear records of incidents, dates, times, people involved and any communications.
• Include specific details on why you believe the conduct was discriminatory.
• Request written responses and decisions from your employer.

Internal resolution does not prevent you from pursuing legal claims later if necessary.

Employment Tribunal Claims

If internal procedures do not resolve the issue, you may bring a claim to an Employment Tribunal. Before submitting most tribunal claims, you must first contact the Advisory, Conciliation and Arbitration Service (Acas) for Early Conciliation to explore settlement options. Acas issues a certificate that you will need to present with your tribunal claim.

Time Limits

Strict time limits apply. For most discrimination claims, you must lodge your tribunal claim within three months less one day from the date of the discriminatory act complained of. If discrimination is ongoing, the time limit usually runs from the last discriminatory act. Prompt action is essential.

Remedies and Compensation

If an Employment Tribunal finds that unlawful discrimination has occurred, it can award a range of remedies:

• Compensation for financial loss, including lost earnings and benefits.
• Compensation for injury to feelings to address the emotional impact of discrimination.
• Interest on awards from the date of the act to the date of judgment.

There is no statutory upper limit on compensation for discrimination claims, though tribunals assess awards based on severity, duration, conduct and impact.

Burden of Proof

In discrimination claims, the claimant initially must show facts from which a tribunal could conclude that discrimination occurred. If such facts are established, the burden shifts to the employer to demonstrate that their actions were not discriminatory or were justified by a proportionate and legitimate aim.

Practical Guidance for Employers and Employees

For Employers

• Ensure employment policies and practices comply with anti‑discrimination law.
• Provide training on recognising and preventing discrimination and harassment.
• Respond promptly and fairly to complaints, documenting each stage of internal procedures.

For Employees

• Understand your rights under the Equality Act and gather evidence where possible.
• Use internal grievance procedures and Early Conciliation to seek resolution.
• Seek independent advice early if considering tribunal proceedings.

Common Questions

Can men and women be protected equally?
Yes. Both men and women are protected from sex discrimination, and claims can arise regardless of which sex is alleged to have been treated unfairly.

Does the law cover gender reassignment related discrimination?
Yes. Gender reassignment is a separate protected characteristic covering people proposing to undergo, undergoing, or having undergone gender reassignment, with protections against discrimination, harassment and victimisation.

Do I need a solicitor to bring a claim?
You can present a claim yourself, though many people seek legal advice given the complexity of discrimination law and the importance of evidence and legal tests.

Final Thoughts

Sex and gender discrimination at work is unlawful under the Equality Act 2010 and covers direct and indirect discrimination, harassment and victimisation. Protection applies to recruitment, pay, terms and conditions, training, promotion, dismissal and other workplace matters. Individuals can seek redress through internal grievance procedures, Early Conciliation with Acas, and ultimately through Employment Tribunal claims if necessary. Remedies may include financial compensation for loss and injury to feelings. Understanding your rights, gathering evidence and acting promptly are essential to pursuing a successful claim.