Sex discrimination occurs when someone is unfairly disadvantaged for reasons related to their sex. Although most sex discrimination occurs against women, it's just as unlawful to discriminate against a man because of his sex.

Sexual harassment at work still persists and there are continuing campaigns to raise awareness and prompt action to tackle it. Our 2020 research on managing conflict in the modern workplace found that bullying and harassment are a serious problem in UK workplaces, although fewer than 4% of employees overall reported experience of sexual harassment, 7% of women had experienced sexual harassment in the past three years. A 2021 TUC survey found that around 7 in 10 disabled women surveyed about sexual harassment say they have been sexually harassed at work and their 2022 survey in Scotland revealed more widespread sexual harassment and systemic under-reporting, finding that 45% of women had experienced sexual harassment at work. Read our guidance on how employers should respond.

People professionals have a key role in creating fair and inclusive workplace cultures. As part of coherent inclusion, diversity and employee engagement strategies, employers should regularly review statistics, policies and working practices to remove unfair discrimination and bias. See our 2022 Inclusion at Work survey for practical recommendations on creating an inclusive workplace. There's still a significant way to go until we can claim that all types of sex discrimination, including harassment, are not issues at work.

Our viewpoint on gender equality which mentions harassment and pay gap reporting, lists recommendations for employers, with additional information below.

Inclusion policy

Although there’s no legal requirement to have a written inclusion and diversity policy, it’s a good idea to produce and actively use one. In some discrimination claims, employers may have a defence if they can show that they took all reasonable steps to prevent the discrimination occurring. Having a comprehensive current policy, and recent relevant training will help employers to distance themselves from liability for acts such as harassment by an individual perpetrator employed by them. A policy also demonstrates the organisation takes its legal and moral obligations towards being a diverse and inclusive employer seriously and can encourage employees to treat others equally.

Communication and training

Employers should:

• Communicate a firm commitment to workplace inclusion and ensure equality and diversity policies and statements are easily accessible to all using a variety of communication methods and channels.

• Ensure all employees understand their personal responsibility to treat colleagues with respect. Promote a zero-tolerance approach to bullying, harassment and discrimination. Provide examples of the standards of behaviour required, what sex discrimination and harassment looks like, and the consequences of breaking the behaviour codes.

• Ensure staff know how to report bullying, harassment or discrimination and feel able to do so. Deal proactively with all complaints of inappropriate behaviour swiftly, seriously and compassionately.

• Ensure line managers understand their role in promoting inclusion and are trained to confidently manage inclusively and challenge any form of inappropriate behaviour. Work closely with managers to ensure they implement people management practices fairly and consistently, ensuring they provide evidence and reasoning for hiring, promotion and reward decisions.

• Work collaboratively with employee networks, for example a gender network or resource group, to understand specific issues, communicate the importance of inclusion and diversity to the rest of the organisation and on how to support staff more effectively.

Reviewing employment practices

Employers should:

• Assign senior level responsibilities for championing diversity, including a sponsor for gender inclusion and allocating appropriate resources.

• Ensure recruitment and selection processes are fair and not discriminatory based on someone’s sex. For example, carefully draft advertisements to avoid discrimination and stereotyping through language and images and aim to attract candidates from diverse sources. Indicate if any genuine occupational requirements apply (see our inclusive recruitment guide).

• Consider including a statement on flexible working in job adverts, signalling to applicants that you’re open to discussing how the job could be done flexibly from day one. 

• Incorporate a diversity statement in every job advert. Have links to your organisation’s inclusion and diversity webpage with more information about the organisation’s commitment, employee resource groups and gender networks.

• Operate transparent and consistent performance management processes and check that career paths, and promotion and development opportunities are inclusive for all employees, regardless of their sex.

• Review policies and procedures, and terms and conditions of employment to ensure fairness and legal compliance, including flexible working practices and dress code. Involve any gender network in reviewing policies and keep the wording of policies and procedures gender neutral.

• Actively examine the reasons for gender imbalance at different levels of the organisation and across occupations, identifying the action needed to remove barriers to entry and progression for men and women. Use data from gender pay gap reporting and other people management processes to inform your approach. Our survey report Gender diversity in the boardroom: reach for the top explores HR practitioners’ perspectives and offers practical strategies for improving women’s representation. Listen to our podcast on boardroom diversity.

Contacts

Acas - Discrimination, bullying and harassment

GOV.UK - Employers: preventing discrimination

Equality and Human Rights Commission - Sex discrimination

Government Equalities Office

Books and reports

Acas. (2017) Sex discrimination: key points for the workplace. London: Acas.

Fawcett Society. (2020) Sex and power 2020 (online).

Government Equalities Office. (2018) Dress codes and sex discrimination: what you need to know. London: GEO.

Rubenstein, M. (2021) Discrimination: a guide to the relevant case law. 34th ed. London: Michael Rubenstein Publishing.

Strategy& (2021) Women in work 2021: the impact of COVID-19 on women in work. PwC.

Journal articles

Ely, R. and Padavic, I. (2020) What’s really holding women back? Harvard Business Review. Vol 98, Issue 2, pp58-67. Reviewed in Bitesize research.

Owen, J. (2019) Workplaces are sexist, claim female managers and HR professionals. People Management (online). 20 June.

CIPD members can use our online journals to find articles from over 300 journal titles relevant to HR.

Members and People Management subscribers can see articles on the People Management website.