In Great Britain (England, Wales and Scotland), sex discrimination is primarily governed by the Equality Act 2010. Northern Ireland operates a separate, though broadly comparable, statutory framework.
Sex discrimination arises where a person is treated less favourably, or placed at a particular disadvantage, because of sex. Protection applies across employment, education, the provision of services, and the exercise of public functions.
Formal equality: Comparable treatment must not differ on the basis of sex.
Substantive equality: Apparently neutral provisions or practices may be unlawful where they disproportionately disadvantage one sex.
Justification: Indirect discrimination may be lawful only where it is a proportionate means of achieving a legitimate aim.
Direct discrimination: Less favourable treatment because of sex.
Indirect discrimination: A provision, criterion or practice that puts one sex at a particular disadvantage.
Harassment: Unwanted conduct related to sex that violates dignity or creates an intimidating, hostile, degrading or offensive environment.
Victimisation: Detriment suffered as a result of doing a protected act.
Limited statutory exceptions apply, including genuine occupational requirements, but these are construed narrowly and subject to strict scrutiny.
Sex discrimination law underpins equal treatment in work and public life, shaping recruitment, pay, service provision and the exercise of public power throughout Great Britain.
Three women lawfully settled in the United Kingdom challenged immigration rules preventing their non-national husbands from joining them. The Court found the rules discriminated on grounds of sex, violating Article 14 with Article 8, as women faced stricter requirements than men for spousal settlement.
An air hostess claimed compensation for pay discrimination compared to male cabin stewards doing identical work. The Court held that Article 119 EEC Treaty on equal pay has direct effect and can be relied upon before national courts, establishing the principle of equal pay as a foundation of Community law.
For Women Scotland challenged Scottish Government guidance on the Gender Representation on Public Boards Act 2018. The Supreme Court held that 'sex' in the Equality Act 2010 means biological sex only, not certificated sex obtained through a Gender Recognition Certificate. Trans women with GRCs are therefore not 'women' for EA 2010 purposes.
Miss Marshall was dismissed at age 62 solely because she had reached the state pension age for women, which differed from that for men. The ECJ held this constituted sex discrimination under Directive 76/207, and that directives could be directly invoked against state authorities acting as employers.
Female warehouse operatives claimed equal pay with a male checker warehouse operative whose work was of equal value to theirs. The employer argued the claim was barred because a man did the same work as the women. The House of Lords held that section 1(2)(c) of the Equal Pay Act 1970 must be construed purposively to comply with European Community law obligations.
Two female social workers were refused employment at a male prison due to their sex, with less qualified male candidates appointed instead. The Court established that national courts must interpret domestic law in light of EU directives to achieve their objectives, and that compensation for discrimination must be adequate and have deterrent effect.
September 3, 2026
National Case Law Archive
September 3, 2026
National Case Law Archive
September 3, 2026
National Case Law Archive