Sex discrimination at work is unlawful under the Equality Act 2010. This guide explains what counts, how to identify it, and how to bring a tribunal claim — with no minimum service period required.
Sex discrimination at work remains one of the most common forms of workplace discrimination in the UK. Whether you are a woman passed over for promotion, a man denied paternity rights offered to women, or someone treated differently because of gender expectations, the law protects you.
Sex discrimination at work is governed by the Equality Act 2010, Part 5, which applies to employment. Sex is a protected characteristic under section 4 of the Act.
The protected characteristic of sex covers both men and women. The Act also provides specific protections for pregnancy and maternity (a separate protected characteristic, sections 17–18) and gender reassignment (a distinct characteristic under section 7).
Treating someone less favourably because of their sex.
Examples:
Applying a provision, criterion, or practice that appears neutral but disproportionately disadvantages people of one sex — unless objectively justified.
Examples:
Unwanted conduct related to sex that violates dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. This includes sexual harassment — unwanted conduct of a sexual nature.
Since October 2024 (Worker Protection (Amendment of Equality Act 2010) Act 2023), employers have a positive duty to take reasonable steps to prevent sexual harassment. Failing this duty can result in a 25% uplift in any compensation award.
Treating someone badly because they have raised or supported a sex discrimination complaint.
Pregnant employees and those on maternity leave have specific protections under sections 17–18 of the Equality Act:
You do not need to show that sex was the only reason for the treatment — just that it was a reason. The burden of proof shifts:
Evidence of discrimination can include: statistical analysis of promotion rates, internal emails revealing assumptions, differential treatment compared to colleagues of the opposite sex, or comments made during interviews or appraisals.
Sex discrimination claims are brought in the Employment Tribunal:
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