Sex Discrimination Tribunal Claims UK: A Guide

Overview

A sex discrimination claim is a legal action brought by an employee, worker, job applicant, or in some cases a contractor, against an employer who has treated them less favourably because of their sex. The governing statute is the Equality Act 2010, which consolidated earlier anti-discrimination laws and treats sex as one of nine protected characteristics.

Claims are heard by the Employment Tribunal rather than the ordinary civil courts, and the tribunal has the power to award compensation, make recommendations, and issue declarations about the rights of the parties. Unlike most civil claims, there is no cap on the compensation available for discrimination, and awards can include sums for financial loss, injury to feelings, and in some cases personal injury.

Sex discrimination covers men, women, and in some contexts this area of law also intersects with protections for gender reassignment, pregnancy, and maternity. Before a claim reaches the tribunal, claimants must first notify Acas so that early conciliation can be attempted.

Key steps

1. Identify the type of discrimination you have experienced. Work out whether what happened fits direct discrimination, indirect discrimination, harassment, or victimisation. Each category has its own legal test, and the evidence you will need differs. Writing down a timeline of events, with dates, names, and what was said, is a useful starting point and will help later if you speak to an adviser.
2. Raise the issue internally where appropriate. In many cases it is sensible to use the employer's grievance procedure before taking formal action. This creates a paper trail, gives the employer a chance to respond, and can sometimes resolve matters without a tribunal claim. Keep copies of everything you send and receive, and make notes of any meetings you attend.
3. Contact Acas to start early conciliation. Before you can issue a tribunal claim, you are legally required to notify Acas, who will offer free conciliation to see if the dispute can be settled without a hearing. This step pauses the clock on your time limit. Even if conciliation does not resolve things, you will receive a certificate which you need to bring a claim.
4. Submit your ET1 claim form within the time limit. Tribunal claims for sex discrimination generally must be brought within three months less one day of the act complained of, though this period is extended by the Acas conciliation process. The ET1 form is submitted online through the gov.uk tribunal service. Be careful to include every act of discrimination you want to rely on.
5. Prepare for case management and the hearing. Once the employer files its response on an ET3, the tribunal will set directions for disclosure of documents, witness statements, and a final hearing. This is often the most demanding stage. Gathering supporting evidence, identifying witnesses, and thinking carefully about the losses you are claiming all become important, and many people find it helps to get guidance at this point.