Sexism in the Workplace: Legal Meaning and Common Examples

Sexism in the workplace refers to discrimination or unfair treatment based on a person's sex – that is, whether they are male or female. In England and Wales, sex discrimination is unlawful under the Equality Act 2010, which protects employees, job applicants and workers from less favourable treatment connected to their sex. This guide explains how the law defines sexism at work, types of unlawful conduct, common examples, employer duties, the process for making claims and practical steps for those affected. The article explains legal concepts in clear language while maintaining precision and relevance for both non‑experts and solicitors.

What the Law Says About Sex Discrimination

The Equality Act 2010 makes sex a protected characteristic, meaning that people cannot be treated unfavourably because they are male or female. Protection applies throughout the employment relationship, including recruitment, training, pay, promotion, dismissal and references. Employers, managers and co‑workers can all be liable for unlawful conduct.

Legal sex is generally determined by the sex recorded on a person's birth certificate or a Gender Recognition Certificate, following recent legal interpretation by courts.

Who Is Protected?

Sex discrimination law protects:

• Employees and workers
• Agency workers and apprentices
• Job applicants
• Contractors and self‑employed people hired personally to do work
• Former employees (in certain circumstances, such as references)

Both women and men can be victims of unlawful sex discrimination. Special legal protections exist in relation to pregnancy and maternity.

Types of Unlawful Sex Discrimination

Sexism in the workplace can take various unlawful forms under the Equality Act:

Direct Discrimination

Direct sex discrimination occurs when an employer or colleague treats someone worse because of their sex compared with a person of the opposite sex in similar circumstances. This includes refusing to hire, promote, train, or dismissing someone because they are male or female.

Example: An employer automatically selects only female candidates for customer‑facing roles because they believe customers prefer women.

Indirect Discrimination

Indirect discrimination arises when a workplace rule or policy, applied to all employees, disadvantages one sex disproportionately and is not a proportionate means of achieving a legitimate aim.

Example: A requirement that all staff work full‑time hours may disadvantage women disproportionately because of existing societal childcare patterns, unless the employer can justify it.

Harassment Related to Sex

Harassment related to sex is unwanted conduct connected to sex that either violates dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. It can be a pattern of behaviour or a single incident.

Sexual harassment is defined separately as unwanted conduct of a sexual nature, with similar effects on dignity and workplace environment, and can overlap with sex discrimination.

Example: Repeated comments about women's appearances or jokes about male colleagues' physicality that create an uncomfortable workplace.

Victimisation

Victimisation occurs when someone is treated badly because they have made or supported a complaint of sex discrimination or harassment, or taken action under the Equality Act. This protection ensures people can assert their rights without fear of reprisal.

Common Examples of Sexism in the Workplace

Sexism can occur in many forms, from overt to subtle:

Unequal Recruitment or Promotion

Refusing to consider candidates of one sex for certain jobs or promotions without lawful justification (such as a genuine occupational requirement) is unlawful.

Stereotyping and Biased Comments

Comments that express gender stereotyping or diminish a person because of their sex can contribute to a hostile environment. Tribunals have regarded patronising or gender‑specific language as potentially amounting to discrimination when it contributes to an offensive environment.

Unequal Pay and Benefits

Paying employees differently on the basis of sex for the same or equivalent work, without an objective justification, is unlawful.

Unwanted Sexual Conduct

Unsolicited sexual comments, advances, jokes, or sharing explicit material that affects an employee's dignity or workplace environment constitutes sexual harassment and unlawful discrimination.

Employer Duties and Liability

Employer Responsibilities

Employers must ensure their policies and practices do not discriminate on the basis of sex. They should implement clear equality and anti‑harassment policies, provide training, and address complaints effectively.

Vicarious Liability

An employer can be held vicariously liable for discriminatory acts by employees committed in the course of their employment unless they can show they took reasonable steps to prevent such conduct.

Duty to Prevent Sexual Harassment

From October 2024, employers have a statutory duty to take reasonable steps to prevent sexual harassment in the workplace, including risk assessments, training and policy reviews. Failing to comply may lead to increased compensation if a claim succeeds.

Bringing a Claim: Process and Time Limits

Early Conciliation

Before making a claim to an employment tribunal, most claimants must notify Acas and engage in Early Conciliation to explore settlement options.

Time Limits

A claim for sex discrimination or related harassment generally must be presented to a tribunal within three months minus one day from the date of the discriminatory act. Ongoing conduct may allow the time limit to run from the last act.

Remedies and Compensation

If an employment tribunal finds unlawful sex discrimination or harassment, remedies include:

• Compensation for injury to feelings
• Financial losses, such as lost earnings
• Recommendations to employers to prevent future discrimination

Compensation may be increased where the employer has failed in its duty to prevent sexual harassment.

Practical Steps if You Experience Sexism at Work

1. Document incidents with dates, details and any witnesses.
2. Raise the issue internally following your employer's grievance procedure.
3. Seek advice from Acas, Citizens Advice or solicitors.
4. Consider Early Conciliation before a tribunal claim.
5. Act promptly to avoid missing legal time limits.

Key Takeaways

Sexism in the workplace encompasses unlawful discrimination, harassment and victimisation on the basis of sex under the Equality Act 2010. The law protects individuals across all stages of employment and requires proactive employer measures to prevent discrimination and harassment. Individuals who experience sexist conduct may seek remedy through the employment tribunal process, subject to procedural requirements and time limits.