Sex Discrimination
Claims

Tribunal proceedings in relation to a sex discrimination claim must be brought within 6 months less one day of the discriminatory act complained of, where that act occurred on or after 1 October 2026. Where the act occurred before this date, the previous time limit of 3 months less one day continues to apply. Where discriminatory conduct extends over a period, time runs from the end of that period, and the 6-month time limit applies if the period ends on or after 1 October 2026.

Claimants must (unless exempt) notify Acas and obtain an early conciliation certificate before commencing Employment Tribunal proceedings. Provided Acas is notified before the applicable time limit expires, the time limit is paused during early conciliation, which can last up to 12 weeks, and the claimant will have at least one month from receiving the certificate to present the claim.

Indirect sex discrimination occurs where an employer applies a provision, criterion or practice which puts people of one sex at a particular disadvantage compared with people of the other sex, and the claimant suffers that disadvantage, unless the employer can show that it is a proportionate means of achieving a legitimate aim. For example, an unjustified minimum height requirement may disproportionately disadvantage women. 

Protection can also extend to a person who does not share the relevant protected characteristic but suffers substantively the same disadvantage. For example, a man who cannot meet a minimum height requirement that disproportionately disadvantages women may also have a claim for indirect sex discrimination if the requirement cannot be objectively justified.

Sexual harassment is defined under section 26(2) of the Equality Act 2010 as unwanted conduct of a sexual nature which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. The conduct does not have to be directed at the person bringing the claim, provided it has that purpose or effect in relation to them.

Employers have a duty to take reasonable steps to prevent sexual harassment of their employees in the course of their employment. From 30 October 2026, employers must take all reasonable steps to prevent it. From the same date, employers may also be liable for harassment of their employees by third parties, such as customers and clients, in the course of their employment, where they have failed to take all reasonable steps to prevent it. This third-party liability is not limited to sexual harassment. It also covers harassment related to relevant protected characteristics, including sex, and certain less favourable treatment because of rejection of or submission to unwanted conduct of a sexual nature or related to sex or gender reassignment.

• Injury to Feelings: Compensation may be awarded for the distress, humiliation and hurt feelings caused by unlawful discrimination. 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. In England and Wales, aggravated damages may also be awarded where particularly high-handed, malicious, insulting or oppressive conduct has caused additional injury to feelings. In Scotland, aggravated damages are not awarded separately, but a tribunal will take any such conduct into account when assessing the award for injury to feelings.
• 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): Compensation may also be awarded for physical or psychiatric injury caused by unlawful discrimination, where supported by appropriate medical evidence. Any award must avoid duplicating compensation for injury to feelings or other losses. The possibility of pursuing separate civil proceedings depends on the circumstances, and legal advice should be obtained before pursuing claims arising from the same events in different courts or tribunals.
• 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