Sex Discrimination
Claims

The sex discrimination claims procedure

Sex Discrimination
Claims

Tribunal proceedings in relation to a sex discrimination claim must be brought within 3 months of the discriminatory act (or last discriminatory act) complained of.

The Equality Act (EA) 2010 outlaws sex discrimination in the employment sphere, and we have specialist sex discrimination solicitors who can handle these type of cases for you.

Sex Discrimination: The Equality Act (EA) 2010

The EA 2010 outlaw direct sex discrimination, indirect sex discrimination, and victimisation of those who attempt to enforce their rights under the Acts. This and other legislation also address the issues of harassment, and pregnancy and maternity.

Direct Sex Discrimination

This is where a woman (or man) is treated less favourably than a person of the opposite sex in comparable circumstances because of their gender (e.g. dismissing a woman because she is pregnant). Direct discrimination includes associative discrimination (where an employee is treated less favourably because they are associated with another person who possesses the protected gender characteristic) and discrimination by perception (where an employee is treated less favourably because others perceive them to possess the protected gender characteristic even if they don’t).

Indirect Sex Discrimination

Indirect sex discrimination is where a seemingly gender neutral requirement or procedure disproportionately disadvantages one sex more than the other in practice and which the employer cannot justify as a proportionate means of achieving a valid objective (e.g. a height requirement which women are proportionately less able to meet)

Victimisation

Where an employee is treated unfavourably because they either have done, or are about to do, or are suspected of engaging in a “protected act” as regards their rights under the Equality Act 2010, then this constitutes victimisation. A protected act in this context is where the employee brings or helps another to bring a claim or complaint of sex discrimination, or makes an allegation that there has been a breach of the Equality Act 2010, or does anything else as regards the said Act.

Sex Discrimination: Equal Pay

Under the ‘equality of terms’ provisions of the EA 2010, an employee has the right to equal pay when compared with employees of the opposite gender, where they are engaged in ‘equal work’ in the same employment. For further details, see the equal pay page

Pregnancy and Maternity Discrimination

See section on pregnancy and maternity discrimination

Sexual Harassment

Sexual harassment is defined under the Employment Equality (Sex Discrimination) Regulations 2005 and EA 2010 as conduct which violates the victims dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them. Furthermore, an employee can also bring a claim of harassment even where it is not directed at them personally, so long as they can show that the harassment created an offensive environment for them to work in.

Bringing A Sex Discrimination Claim

A tribunal claim must be made within three months of the discriminatory act (or last discriminatory act) complained of. Unlike in unfair dismissal claims, employees do not have to have had at least 2 years continuous service with the employer to be entitled to bring the claim. Should the employees claim be successful, the tribunal can make recommendations and award compensation. Should the employer fail to comply with recommendations made by the tribunal for action to reduce discrimination without reasonable justification, the tribunal can award additional compensation on top of what it may have already awarded. Furthermore, for claims brought from October 2010 onwards, Tribunals can now demand that employers implement changes to prevent further discrimination taking place. Compensation awards in discrimination cases are unlimited and unlike in unfair dismissal cases, there is no such thing as a ‘basic’ or ‘compensatory’ award. Instead, the award normally comprises the following:

Injury to Feelings: Comprise separate awards for hurt feelings, aggravated damages, and injury to health. The criteria for assessing compensation for hurt feelings were set out by the Court of Appeal in the case of Vento v Chief Constable of West Yorkshire (No.2) (2003), as subsequently amended, the most recent amendments being made with effect from the 6th April 2026. As a result of this, there is a top band of £62,900.00 plus for exceptionally serious cases (for cases presented between the 6th April 2025 and the 5th April 2026, the band is £60,700.00 plus), an upper band of £37,700.00 to £62,900.00 for serious cases (for cases presented between the 6th April 2025 and the 5th April 2026, the band is £36,400.00 to £60,700.00), a middle band of between £12,600.00 to £37,700.00 (for cases presented between the 6th April 2025 and the 5th April 2026, the band is £12,100.00 to £36,400.00), and a lower band of between £1,300.00 to £12,600.00 for less serious and one-off cases (for cases presented between the 6th April 2025 and the 5th April 2026, the band is £1,200.00 to £12,100.00). The Court in Vento stated that awards for less than the lower band should be avoided. An injury to health claim can be pursued, but should there be a separate award for it, the tribunal has to ensure that there is no element of duplication. Finally, aggravated damages can also be awarded, although awards for this element do not usually exceed £5,000.00 – £10,000.00 and are only awarded should the employers conduct have been especially cruel and malicious.
Loss of Earnings: Normally makes up the bulk of the claim and includes both actual and future loss of earnings. Future loss can be extensive where psychiatric injury has been sustained as a result of the discrimination and makes it difficult for the employee to obtain new and appropriate employment.
Injury to Health (Personal Injury): Is most commonly for psychiatric injury. Nevertheless, where a claim for personal injury is included, the employee loses the right to bring a claim in the civil courts for it.
Ancillary Losses: These can be for items such as the cost of looking for alternative employment and pension loss.
Interest: Interest on the compensation award can be claimed

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