Sex Discrimination at Work: 2026 UK Guide

Sex discrimination remains one of the most litigated areas of UK employment law. Although public awareness has increased and workplace equality policies are now commonplace, claims relating to unfair treatment because of sex continue to feature prominently in Employment Tribunal statistics. For employers, the legal and reputational consequences of non-compliance can be significant. For wider context, see our employer guidance on employment law and discrimination at work.

Sex discrimination is governed by the Equality Act 2010, which consolidated and replaced earlier legislation including the Sex Discrimination Act 1975. While the 1975 Act laid the foundations for workplace equality, it is the 2010 Act that now defines rights, obligations and employer liability. Understanding how the modern statutory framework operates is critical for compliant workforce management.

This guide provides a 2026 compliance-optimised authority overview of sex discrimination in the workplace. It examines the legal framework, explains the different types of sex discrimination including indirect sex discrimination, provides practical sex discrimination examples, outlines employer defences and lawful exceptions, and explains when professional legal advice may be appropriate. The focus throughout is on helping employers understand risk, apply the law correctly and reduce exposure to claims. You can also refer to our related guidance on employment discrimination and sex discrimination.

Section A: Legal Framework – From the Sex Discrimination Act 1975 to the Equality Act 2010

Sex discrimination law in the UK did not emerge in its current form. It developed over decades, beginning with standalone legislation in the 1970s and evolving into the consolidated statutory regime employers must comply with today. Understanding this progression helps clarify why the Equality Act 2010 now sits at the centre of all workplace discrimination analysis.

1. The Sex Discrimination Act 1975

The Sex Discrimination Act 1975 was introduced to prohibit discrimination on grounds of sex and marital status in employment, education and the provision of services. It worked alongside the Equal Pay Act 1970 to address inequality between men and women in the workplace.

The 1975 Act established core principles that still underpin modern discrimination law, including:

• Prohibiting less favourable treatment because of sex
• Recognising indirect discrimination
• Introducing limited occupational requirement exceptions

However, the legislation developed through piecemeal amendment and case law. By the late 2000s, discrimination law was spread across multiple statutes, creating complexity for employers and claimants alike.

The Sex Discrimination Act 1975 was repealed and replaced by the Equality Act 2010. Although no longer in force, it remains historically relevant, particularly in older case law that continues to influence tribunal reasoning.

2. Equality Act 2010: The Current Law

The Equality Act 2010 consolidated previous discrimination legislation into a single statutory framework. For employers, this Act now governs all workplace discrimination matters, including sex discrimination.

Under section 11 of the Equality Act 2010, “sex” is a protected characteristic and refers to a person being male or female. Part 5 of the Act specifically addresses discrimination in employment and covers the full employment lifecycle, including:

• Recruitment and selection
• Terms and conditions
• Promotion and training
• Pay and benefits
• Dismissal and redundancy

The Act prohibits direct discrimination, indirect discrimination, harassment and victimisation because of sex. It also establishes rules on employer liability, statutory defences and limited exceptions.

Importantly, claims are determined by reference to statutory tests. Employers must therefore assess policies and decisions through the precise legal framework set out in the Act rather than relying on general notions of fairness.

3. Sex, Gender and Gender Reassignment

In legal terms, the protected characteristic is “sex”, not “gender”. While the terms are often used interchangeably in everyday language, the Equality Act 2010 distinguishes between sex (male or female) and gender reassignment (a separate protected characteristic under section 7). For more detail on the separate legal protections, see our guidance on gender reassignment discrimination.

A person who proposes to undergo, is undergoing, or has undergone a process to reassign their sex is protected under the characteristic of gender reassignment, not under sex itself. This distinction is important in policy drafting, disciplinary decisions and grievance handling.

Employers should ensure that internal documentation reflects statutory terminology. Using accurate legal language reduces ambiguity and strengthens defensibility in the event of tribunal proceedings.

Section A Summary
Sex discrimination claims in 2026 are governed exclusively by the Equality Act 2010. The former Sex Discrimination Act 1975 established the foundations of protection but has been repealed. Employers must understand that “sex” is a distinct protected characteristic under the Act, separate from gender reassignment, and apply the statutory framework consistently across the employment lifecycle.

Section B: Types of Sex Discrimination Under UK Law

The Equality Act 2010 identifies four main forms of prohibited conduct in relation to sex: direct discrimination, indirect discrimination, harassment and victimisation. Each has a distinct statutory test. Employers must understand the differences, as liability often turns on the precise legal classification of the conduct in question.

Tribunals apply structured statutory analysis rather than general fairness principles. Decision-makers must therefore assess workplace conduct against the specific wording of sections 13, 19, 26 and 27 of the Equality Act 2010.

1. Direct Sex Discrimination

Direct sex discrimination occurs under section 13 of the Equality Act 2010 where, because of sex, a person is treated less favourably than another person is or would be treated.

The core elements are:

• Less favourable treatment
• Because of sex
• Compared to a real or hypothetical comparator

The comparator does not need to be identified in practice, but tribunals will ask whether a person of the opposite sex would have been treated more favourably in materially similar circumstances.

Examples of direct sex discrimination include:

• Refusing to recruit a woman because the employer believes she may become pregnant (noting that pregnancy and maternity is also protected as a separate characteristic under the Equality Act 2010)
• Promoting a man on the assumption that men are more committed to full-time careers
• Dismissing a male employee because clients prefer dealing with women

Direct discrimination because of sex cannot be justified. If the reason for the treatment is sex, the employer will generally be liable unless a specific statutory exception applies.

It is also unlawful to discriminate because someone is perceived to be a particular sex (perceptive discrimination) or because they associate with someone of a particular sex (associative discrimination). For related guidance, see perceptive discrimination and associative discrimination.

2. Indirect Sex Discrimination

Indirect sex discrimination is defined under section 19 of the Equality Act 2010. It occurs where an employer applies a provision, criterion or practice (PCP) which:

• Applies to everyone
• Puts persons of one sex at a particular disadvantage compared to the other sex
• Puts the claimant at that disadvantage
• Cannot be shown to be a proportionate means of achieving a legitimate aim

This is one of the most common and complex areas of litigation. Tribunals often expect employers to be able to explain, with evidence, why the PCP is needed and why less discriminatory alternatives were not adopted. Statistical evidence is not always required to establish disadvantage, but it is often persuasive in practice.

Unlike direct discrimination, indirect sex discrimination can be justified if the employer can demonstrate objective justification. This requires:

• A legitimate business aim
• A proportionate means of achieving that aim

Proportionality requires balancing the importance of the business objective against the discriminatory impact. Employers should be able to show that the impact was considered in advance and that there were no less discriminatory alternatives reasonably available.

Common examples of indirect sex discrimination include:

• Requiring full-time working where women are statistically more likely to have primary caring responsibilities
• Introducing rigid shift patterns that disproportionately disadvantage women with childcare commitments
• Promotion criteria based on continuous full-time service without flexibility

For related employer guidance, see indirect discrimination.

3. Harassment Related to Sex

Harassment is defined under section 26 of the Equality Act 2010. It occurs where there is unwanted conduct related to sex that has the purpose or effect of:

• Violating a person’s dignity, or
• Creating an intimidating, hostile, degrading, humiliating or offensive environment

The tribunal will consider the claimant’s perception, the other circumstances of the case and whether it is reasonable for the conduct to have that effect.

Sexual harassment is a specific form of harassment and involves unwanted conduct of a sexual nature. This includes sexual comments or jokes, unwanted physical contact, displaying sexually explicit material and sending sexual messages or images.

The law also protects individuals from less favourable treatment because they reject or submit to sexual conduct.

In 2026, employers should also factor in the proactive duty to take reasonable steps to prevent sexual harassment. Where a tribunal finds an employer has failed to comply with this duty, compensation may be increased by up to 25% in relevant cases.

4. Victimisation

Victimisation is addressed under section 27 of the Equality Act 2010. It occurs where a person suffers a detriment because they have done, or are believed to have done, a protected act.

Protected acts include:

• Bringing discrimination proceedings
• Giving evidence in such proceedings
• Making allegations of discrimination
• Doing anything for the purposes of the Equality Act

The original allegation does not need to be proven correct. It must not, however, be malicious or made in bad faith.

Examples of victimisation include:

• Disciplining an employee after they raise a sex discrimination grievance
• Excluding a complainant from projects or promotion opportunities
• Dismissing a witness who supported a colleague’s claim

Victimisation claims often arise alongside primary discrimination claims and can significantly increase compensation exposure. For related guidance, see victimisation at work.

Section B Summary
The Equality Act 2010 recognises four distinct forms of unlawful conduct: direct discrimination, indirect discrimination, harassment and victimisation. Indirect sex discrimination presents particular compliance risk due to the complexity of the objective justification test. Employers must assess policies and decisions against statutory definitions and maintain clear documentary evidence to defend decisions effectively.

Section C: Sex Discrimination Examples in the Workplace

Understanding the statutory definitions is only part of compliance. Most employer risk arises in day-to-day workforce management decisions. Tribunals assess real workplace scenarios rather than abstract legal principles. Examining practical sex discrimination examples helps clarify where organisations commonly expose themselves to liability.

Sex discrimination claims frequently arise in recruitment, pay, flexible working arrangements, promotion decisions and dismissal processes. Patterns of disadvantage, informal assumptions and unconscious bias often underpin claims.

1. Recruitment and Promotion

Recruitment is a high-risk area because decisions are often subjective and comparator evidence can be compelling. For broader context, see our guidance on recruitment discrimination.

Examples of direct sex discrimination in recruitment include:

• Rejecting a female candidate on the assumption she may take maternity leave
• Asking only women about childcare arrangements during interview
• Preferring male candidates for roles perceived as physically demanding without objective assessment

Indirect sex discrimination may arise where recruitment criteria disadvantage one sex disproportionately. For example:

• Requiring uninterrupted full-time service in career history
• Imposing unnecessary out-of-hours networking expectations

Promotion decisions also present risk where:

• Informal sponsorship benefits one sex disproportionately
• Leadership roles are allocated based on stereotypical assumptions
• Performance criteria favour working patterns more typical of one sex

Tribunals scrutinise documentation. Where objective scoring or evidence is lacking, inference of discrimination becomes more likely.

2. Pay and Equal Pay

Equal pay is governed by Part 5, Chapter 3 of the Equality Act 2010. Every contract of employment includes an implied equality clause, modifying less favourable contractual terms where a valid comparator exists. For context on contractual obligations, see our guidance on employment contracts.

Sex discrimination in pay may arise in two principal ways:

• Unequal contractual pay for equal work
• Discretionary bonuses or allowances applied inconsistently

Equal pay claims differ procedurally from ordinary sex discrimination claims and involve technical analysis of “like work”, “work rated as equivalent” or “work of equal value”. Employers should distinguish clearly between contractual equality claims and broader discrimination allegations.

Employers must also distinguish between:

• Gender pay gap reporting obligations (applicable to employers with 250 or more employees)
• Individual equal pay claims under the Equality Act

Gender pay gap reporting does not in itself establish unlawful discrimination, but unexplained disparities may increase litigation risk.

3. Flexible Working and Caring Responsibilities

Flexible working policies often generate indirect sex discrimination claims. For detailed guidance, see flexible working.

While flexible working rights are gender-neutral, women remain statistically more likely to have primary caring responsibilities. Policies requiring rigid attendance, inflexible shift changes or compulsory overtime can disproportionately disadvantage women.

Examples include:

• Mandating late finishes without consultation
• Removing remote working options without assessing impact
• Introducing rota systems that conflict with childcare commitments

Where challenged, employers must demonstrate that such arrangements are a proportionate means of achieving a legitimate aim. Operational convenience alone is rarely sufficient.

Advance impact assessment and documented alternatives are critical in defending indirect sex discrimination claims.

4. Redundancy and Dismissal

Redundancy exercises must be carefully structured to avoid both direct and indirect discrimination. See our guidance on redundancy process and unfair dismissal.

Risk factors include:

• Selecting part-time workers disproportionately
• Using attendance records that penalise pregnancy-related absence
• Scoring criteria that favour uninterrupted service

Pregnancy and maternity discrimination is a separate protected characteristic under the Equality Act 2010, but it often overlaps factually with sex discrimination issues. Employers should take particular care in redundancy scenarios involving maternity leave. See also redundancy during maternity leave.

Dismissal decisions may also trigger direct discrimination claims where:

• Stereotypical assumptions influence performance assessment
• Relationship breakdowns lead to retaliatory action
• Male or female employees are treated inconsistently in comparable misconduct cases

Tribunals will compare treatment and assess whether sex materially influenced the outcome.

5. Workplace Culture and Sexual Harassment

Cultural failings often underpin harassment claims.

Examples include:

• Tolerating sexualised “banter”
• Failing to intervene in inappropriate messaging
• Ignoring complaints involving senior employees

Power imbalance is a recurring theme. Where a manager is involved, tribunals may examine whether organisational culture enabled misconduct.

Employers are under a proactive statutory duty to take reasonable steps to prevent sexual harassment. Failure to do so may increase compensation awards by up to 25% in tribunal proceedings.

Section C Summary
Sex discrimination claims commonly arise from routine employment decisions rather than overt bias. Recruitment, pay, flexible working arrangements and redundancy processes present particular exposure. Indirect discrimination and harassment risks have increased scrutiny, especially following enhanced preventative duties relating to sexual harassment. Employers must integrate equality analysis into operational decision-making to reduce litigation risk.

Section D: Employer Liability, Defences and Lawful Exceptions

Understanding what constitutes sex discrimination is only part of compliance. Employers must also understand when they are legally liable, what statutory defences are available and in what limited circumstances differential treatment may be lawful.

Liability under the Equality Act 2010 is broad. Even where senior leadership has not sanctioned discriminatory conduct, the organisation may still be responsible.

1. Vicarious Liability

Under section 109 of the Equality Act 2010, employers are vicariously liable for discriminatory acts carried out by employees in the course of employment.

This applies even where:

• The employer did not know about the conduct
• The employer did not approve the conduct
• The conduct breached internal policy

“Course of employment” is interpreted widely by tribunals. It can include workplace conduct, work-related social events, business travel and electronic communications between colleagues.

Both the employer and the individual perpetrator can be named as respondents in tribunal proceedings.

The breadth of vicarious liability means prevention, not reaction, is the key compliance strategy.

2. The Reasonable Steps Defence

Section 109(4) of the Equality Act 2010 provides a statutory defence where the employer can show it took all reasonable steps to prevent the employee from committing the discriminatory act. Tribunals assess reasonableness based on the measures in place before the act occurred, not on steps taken only after a complaint has been raised.

This is not a requirement to take every conceivable step, but the tribunal will assess whether the steps taken were reasonable in the circumstances.

Relevant considerations include:

• Whether up-to-date equality and anti-harassment policies were in place
• Whether staff received regular and effective training
• Whether complaints were handled promptly and properly
• Whether previous incidents were ignored or inadequately addressed

Training must be meaningful and current. Outdated or “tick-box” training delivered years earlier may not satisfy the defence.

The burden of proof rests with the employer to demonstrate the defence. Documentary evidence is critical.

3. Occupational Requirement Exception

Schedule 9 of the Equality Act 2010 permits an employer to require a particular sex for a role in limited circumstances where:

• Being of that sex is an occupational requirement
• The requirement is a proportionate means of achieving a legitimate aim
• The person to whom the requirement is applied does not meet it

This exception is interpreted narrowly.

Common examples include:

• Roles involving intimate personal care
• Positions in single-sex accommodation settings
• Certain roles in domestic violence refuges

It is not sufficient that a particular sex is merely preferred or traditionally associated with the role. The requirement must be objectively necessary.

Misuse of the occupational requirement defence is frequently unsuccessful in tribunal litigation.

4. Positive Action

Positive action is permitted under sections 158 and 159 of the Equality Act 2010. For related guidance, see positive action.

Employers may take proportionate steps to:

• Encourage participation by a sex that is disadvantaged or under-represented
• Provide training or development opportunities to address disadvantage

In recruitment and promotion, a “tie-break” provision may apply where candidates are of equal merit, one sex is under-represented or disadvantaged and selection is proportionate.

Positive action is distinct from positive discrimination, which remains unlawful except in limited statutory contexts.

Employers should document evidence of disadvantage or under-representation before implementing positive action measures.

5. Armed Forces and Religious Exceptions

The Equality Act 2010 contains limited exemptions relating to combat effectiveness in the armed forces and employment for the purposes of organised religion.

Religious organisations may impose sex-based requirements where necessary to comply with religious doctrine or avoid conflict with strongly held religious convictions of followers.

These exemptions are narrow and fact-specific. Employers outside these contexts should not assume flexibility exists.

Section D Summary
Employer liability for sex discrimination is extensive. Organisations are generally responsible for discriminatory acts committed in the course of employment. The reasonable steps defence provides protection only where preventative measures are robust and demonstrable. Limited statutory exceptions, including occupational requirements and positive action, must be applied cautiously and proportionately.

Section E: Preventing Sex Discrimination – 2026 Compliance Framework

Preventing sex discrimination requires more than reacting to complaints. In 2026, regulatory expectations, tribunal scrutiny and reputational risk demand structured, proactive compliance. Employers must be able to demonstrate that equality considerations are embedded within governance, workforce management and organisational culture.

The introduction of the proactive duty to take reasonable steps to prevent sexual harassment reinforces the shift from reactive policy-based compliance to active risk management. Employers who fail to anticipate risk may face increased compensation awards and reputational damage.

1. Governance and Policy Infrastructure

A compliant organisation should maintain clear, accessible and regularly updated policies addressing:

• Equal opportunities
• Anti-harassment and sexual harassment
• Dignity at work
• Grievance procedures
• Disciplinary processes

Policies must reflect statutory language and recent legal developments. Generic templates that are not tailored to the organisation’s operations may weaken the reasonable steps defence.

Board-level oversight strengthens compliance. Assigning senior responsibility for equality and inclusion demonstrates organisational commitment and supports evidential defensibility. For broader strategy considerations, see diversity management.

Regular policy review cycles should be documented.

2. Training and Cultural Standards

Tribunals increasingly examine whether equality training is meaningful and current.

Effective training should:

• Explain statutory definitions of sex discrimination
• Provide practical workplace examples
• Clarify reporting routes
• Emphasise manager accountability
• Address unconscious bias and decision-making risk

Training should not be a one-off exercise. Refresher sessions, scenario-based learning and leadership-specific training improve credibility.

Where sexual harassment risks are identified, targeted preventative training is essential to comply with the statutory duty to take reasonable steps to prevent sexual harassment.

3. Monitoring, Data and Risk Assessment

Compliance in 2026 requires data awareness.

Employers should monitor:

• Recruitment outcomes by sex
• Promotion rates
• Bonus allocation
• Pay distribution
• Exit patterns

For employers subject to gender pay gap reporting, published data should inform internal equality strategy. Significant disparities warrant deeper review.

Before introducing new policies, particularly those affecting working hours or location, employers should assess potential disproportionate impact. Documented equality impact assessments can be valuable evidence if challenged.

Where flexible arrangements are involved, see also our guidance on flexible working policy.

4. Complaint Handling and Investigations

How an employer responds to complaints often determines litigation outcome.

Effective handling requires:

• Prompt acknowledgement
• Impartial investigation
• Clear documentation
• Confidentiality
• Proportionate disciplinary action where appropriate

Failure to investigate thoroughly can itself form part of a discrimination or victimisation claim.

Employers should also consider interim protective measures, particularly in harassment cases involving power imbalance.

Alignment with the ACAS Code of Practice on Disciplinary and Grievance Procedures reduces additional procedural risk.

5. When to Seek Legal Advice

Certain situations justify early legal input, including:

• Complex indirect sex discrimination allegations
• Equal pay claims
• Senior-level harassment complaints
• Potential occupational requirement arguments
• High-value or reputationally sensitive disputes

Early advice from a sex discrimination lawyer can assist in preserving privilege, managing investigation risk and structuring defensible decision-making.

Section E Summary
Preventing sex discrimination in 2026 requires structured governance, effective training, data monitoring and robust complaint handling. The proactive duty to prevent sexual harassment increases employer expectations. Compliance is strongest where equality considerations are embedded within operational decision-making rather than treated as standalone policy issues.

FAQs

1. What is sex discrimination under the Equality Act 2010?

Sex discrimination occurs where a person is treated less favourably because they are male or female, or where a workplace policy disproportionately disadvantages one sex and cannot be objectively justified. The Equality Act 2010 prohibits direct discrimination, indirect discrimination, harassment and victimisation in employment and other contexts.

2. Is the Sex Discrimination Act 1975 still in force?

No. The Sex Discrimination Act 1975 was repealed and replaced by the Equality Act 2010. While historic case law under the 1975 Act may still be relevant, all current sex discrimination claims are brought under the 2010 Act.

3. What is indirect sex discrimination?

Indirect sex discrimination arises where an employer applies a provision, criterion or practice that applies to everyone but places one sex at a particular disadvantage compared to the other. The employer may avoid liability only if it can show the measure is a proportionate means of achieving a legitimate aim.

4. Can sex discrimination ever be justified?

Direct sex discrimination cannot be justified, except where a specific statutory exception applies, such as a genuine occupational requirement. Indirect sex discrimination may be lawful if the employer can demonstrate objective justification. Harassment cannot be justified.

5. What compensation can be awarded in sex discrimination claims?

Compensation is uncapped. Awards may include financial losses, including loss of earnings, injury to feelings assessed according to the Vento guidelines, aggravated damages in appropriate cases and a potential uplift of up to 25% where the employer has failed to comply with the ACAS Code of Practice or the statutory duty to take reasonable steps to prevent sexual harassment.

6. How long does someone have to bring a sex discrimination claim?

In most cases, a claim must be presented to the Employment Tribunal within three months less one day of the discriminatory act. The time limit may be extended during ACAS Early Conciliation and, in limited circumstances, where it is just and equitable to do so.

7. Do employers need a sex discrimination policy?

There is no express statutory requirement for a standalone sex discrimination policy. However, employers are expected to take reasonable steps to prevent discrimination. Clear, up-to-date equality and anti-harassment policies are central to establishing the reasonable steps defence.

8. When should an employer speak to a sex discrimination lawyer?

Legal advice is advisable where allegations involve senior staff, complex indirect discrimination issues, equal pay comparisons or potential reputational damage. Early legal input can reduce exposure and support a defensible investigation process.

Conclusion

Sex discrimination law in the UK is firmly grounded in the Equality Act 2010, which replaced the earlier Sex Discrimination Act 1975 and consolidated workplace protections into a single statutory framework. Employers must understand that sex is a distinct protected characteristic and apply statutory definitions precisely.

Most organisational risk arises not from overt bias but from poorly analysed policies, informal decision-making and failure to assess disproportionate impact. Indirect sex discrimination, harassment and victimisation claims frequently stem from routine workforce management decisions.

Employer liability is broad and compensation is uncapped. In 2026, the proactive duty to take reasonable steps to prevent sexual harassment further elevates compliance expectations. Organisations that embed equality into governance, training and operational decision-making are best placed to defend claims and maintain workforce trust.

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