Sex discrimination

Frequently asked questions on legal issues relating to sex discrimination.

SD01: What legislation governs sex discrimination?

The main piece of legislation governing sex discrimination in Great Britain is the Equality Act 2010. For cases arising before 1 October 2010...
SD02: Who does the sex discrimination aspects of the Equality Act 2010 cover?

The relevant provisions of the Equality Act 2010, which came into force on 1 October 2010, set out a number of protected characteristics...
SD03: Is there case law guidance on the amount of compensation an employer will have to pay an employee who succeeds in a sex discrimination claim?

The most crucial aspect to remember about sex discrimination compensation is that it is uncapped. There were 18,300 sex discrimination claims brought...
SD04: Can an employee bring a claim of sex discrimination post-employment?

Yes. It is unlawful to discriminate against a woman by subjecting her to a detriment where the discrimination arises out of...
SD05: What types of sex discrimination are covered under the Equality Act 2010?

For a general explanation of the types of discrimination claim see our Discrimination FAQs. Examples of the different types of discrimination under the sex discrimination provisions in the Equality Act 2010 are...
SD06: Will an employer always be liable for sex discrimination when it has failed to prevent harassment on the grounds of sex or sexual harassment of one employee by a third party?

An employer is liable for any acts of unlawful discrimination carried out by its employees during the course of their employment, unless the employer can show that...
SD07: Is positive action on the basis of a person's sex lawful?

The Equality Act 2010 extends the circumstances in which employers can favour a minority candidate (for example a woman) who is as qualified as another candidate...
SD08: Is it sex discriminatory to refuse to allow an employee to work on a part-time basis?

Yes, it probably is sex discriminatory to refuse to allow an employee to work on a part-time basis. Several employees have succeeded in claiming...
SD09: Can employers introduce a dress code without being sex discriminatory?

The application of different clothing or appearance rules to men and women can give rise to claims of sex discrimination. For example...
SD10: Is it sex discriminatory to treat a woman differently on the basis of pregnancy or maternity?

Under the Equality Act 2010, in force from 1 October 2010, pregnancy and maternity are a separate protected characteristic from sex. For example...
SD11: Is it sex discriminatory to dismiss an employee as the result of an affair with a colleague?

Yes, in many cases it will be sex discrimination to dismiss an employee as the result of an affair with a colleague. What often happens in such situations is that...
SD12: How can an employer justify or defend a claim of sex discrimination?

Whether an employer can attempt to justify or defend a claim of sex discrimination depends upon the precise nature of the claim being brought...
SD13: Are transsexuals or those contemplating gender reassignment covered by the Equality Act 2010?

Under provisions in the Equality Act 2010 gender reassignment is a separate protected characteristic. Transsexuals or those contemplating gender reassignment are covered by...
SD14: Are there any future developments expected in the area of sex discrimination?

The major development in the area of sex discrimination law was the Equality Act 2010 which came into force from 1 October 2010 onwards. This replaced numerous pieces of legislation, including...