Sex Discrimination in the Workplace

If you have experienced sex discrimination at work and your employer has offered you a settlement agreement, getting specialist legal advice is essential.

Our employment solicitors can help you understand your rights, assess the value of your claim and negotiate the best possible outcome on your behalf.

two people drawing up a settlement agreement contract

Sex Inequality in the Workplace

Sex discrimination and sex inequality remain a significant issue in UK workplaces. 

You may have grounds for a legal claim if you have experienced any of the following:

  • Unfair treatment because of your gender
  • Harassment in the workplace
  • Being passed over for promotion
  • Being offered less pay than a colleague of the opposite sex

When an employer becomes aware of a potential discrimination claim, they will often offer a settlement agreement. This is as a way of resolving the matter without it reaching an employment tribunal. Understanding what you are being offered and whether it reflects the true value of your claim is where our solicitors can make a real difference.

What Is Sex Discrimination?

Sex discrimination is unlawful under the Equality Act 2010. It occurs when an employee is treated less favourably. This could be because of their sex or when a policy or practice puts people of one sex at a particular disadvantage compared to the other.

There are four main types of sex discrimination:

Direct Discrimination

Direct discrimination is being treated worse than someone of the opposite sex in a comparable situation. For example, being denied a promotion that was given to a less qualified colleague of the opposite sex.

Indirect Discrimination

Indirect discrimination is where a workplace policy, rule or practice applies to everyone but disproportionately disadvantages people of one sex. For example, a requirement to work overnight shifts that disproportionately affects women with childcare responsibilities.

Harassment

Harassment is any unwanted conduct related to a protected characteristic, such as sex, race, age or disability, that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. For example, this could include bullying someone because of their age or making derogatory comments about a person’s disability.

Sexual Harassment

Sexual harassment is unwanted conduct of a sexual nature that has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Victimisation

Victimisation is being treated badly because you have made or intend to make a complaint about sex discrimination. It could also be because you have supported someone else who has done so.

Settlement Agreements, Equal Pay and Protected Conversations

If your employer has approached you about resolving a dispute at work, they may have done so through a protected conversation or by presenting you with a settlement agreement. Understanding the difference between the two, and how equal pay fits into the picture, can have a significant impact on the outcome you achieve.

What is a Protected Conversation?

A protected conversation is a confidential discussion initiated by an employer under section 111A of the Employment Rights Act 1996. It allows an employer to propose ending the employment relationship on agreed terms without that discussion being admissible in an ordinary unfair dismissal claim. Employers often use this route to open settlement negotiations discreetly, before matters escalate. However, the protection does not apply where there has been improper behaviour, including pressure, threats or discriminatory conduct. In a sex discrimination context, a protected conversation cannot be used to shield behaviour that is itself unlawful.

What is a Settlement Agreement?

A settlement agreement is the formal, legally binding contract that follows. In exchange for a financial payment, you agree not to bring a claim against your employer at an employment tribunal. You are required by law to take independent legal advice before signing one. The protected conversation is the opening; the settlement agreement is the outcome.

Where does Equal Pay Fit in?

Settlement agreements in sex discrimination cases frequently include an equal pay element. Under the Equality Act 2010, men and women performing the same work, similar work or work of equal value are entitled to equal pay and contractual terms. If your settlement includes an equal pay component, it is essential to take specialist advice as these claims can be highly valuable and an employer’s initial offer will often significantly undervalue your entitlement.

Our solicitors can advise you across all three areas, assess your position and negotiate a settlement that reflects the true value of your claim.

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Sex Inequality at Work: Common Scenarios We Help With

Sex discrimination can take many forms. Our solicitors regularly advise employees who have experienced:

  • Being paid less than a colleague of the opposite sex for the same or equivalent work
  • Being overlooked for promotion or senior roles because of their gender
  • Receiving less favourable treatment during or after pregnancy or maternity leave
  • Being subjected to inappropriate comments, jokes or unwanted physical contact in the workplace
  • Being managed out or made redundant following a complaint about sex discrimination or harassment
  • Being placed on a performance improvement plan (PIP) shortly after raising a grievance related to sex discrimination or sexual harassment
  • Receiving a settlement agreement after a period of conflict involving gender-related issues

If any of these situations apply to you, our settlement agreement solicitors can assess the strength of your position and advise on whether the settlement offered reflects the full value of any potential claim.

Why Choose Settlement Agreement Advice?

Our employment law solicitors specialise exclusively in settlement agreements and employment law. We do not handle unrelated legal matters. This focus means you receive specialist advice from solicitors who understand the nuances of discrimination claims and how to negotiate the best possible outcome.

Same-day sign-off – We regularly review agreements the day they are received

Legal Costs Promise – In most cases, your employer pays our fees directly

Negotiation expertise – We  often achieve an average increase of 25 to 50% on initial settlement offers

SRA regulated – All of our settlement agreement solicitors are regulated by the Solicitors Regulation Authority

Employment Lawyers Association members – All our Solicitors are long-standing members with specialist expertise

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Speak to a Specialist Today

If you have been offered a settlement agreement following sex discrimination or a complaint about sex inequality at work, do not sign until you have taken independent legal advice. Our solicitors are available Monday to Friday, 8am to 8pm and can advise you the same day.

Frequently Asked Questions

Can I negotiate a settlement agreement for sex discrimination?

Yes. Settlement agreements are negotiable. In discrimination cases, employers often have a significant incentive to settle quickly and confidentially. Our settlement agreement lawyers regularly negotiate improved offers for clients with sex discrimination claims, achieving increases of 25 to 50% on average.

Is compensation for sex discrimination taxable?

Compensation for sex discrimination, which is a common element in discrimination settlement agreements, is generally exempt from income tax up to a statutory limit. There are a few important distinctions to be aware of:

  • The £30,000 Limit – This threshold applies specifically to the termination element of a settlement (loss of office). Any compensation for loss of employment up to £30,000 can be received tax-free.
  • Injury to Feelings (Pre-termination) – If the discrimination occurred during employment and was not the reason for leaving, that portion of the compensation can often be paid entirely tax-free, even where it exceeds the £30,000 threshold.
  • Post-2018 Rules – However, if the injury to feelings is directly connected to the termination itself, it falls within the £30,000 limit rather than being treated separately.

Our solicitors will explain exactly how your settlement is structured and what the tax implications are before you sign.

Do I have to sign a settlement agreement?

No. You are never obliged to sign a settlement agreement. If you do not sign, you retain the right to pursue a claim at an employment tribunal. Our employment law solicitors will advise you honestly on whether signing is in your best interests or whether you may achieve a better outcome by pursuing a tribunal claim.

How long does the process take?

In most cases, we can review your settlement agreement and provide advice on the same day we receive it. The full process, including negotiation where applicable, typically takes around seven days, depending on how quickly your employer responds.

Will my employer cover my legal fees?

In almost all cases, your employer will include a contribution towards your legal fees within the settlement agreement itself. This means that in most circumstances, taking advice from our solicitors will cost you nothing.

What if my discrimination happened over a long period of time?

Ongoing or historic discrimination can form the basis of a stronger claim and may increase the value of a settlement. Our settlement agreement lawyers will consider the full history of your situation when advising you on the appropriate level of compensation to seek.

Can I keep my settlement agreement confidential?

Yes. Most settlement agreements include a confidentiality clause that prevents both parties from disclosing the terms of the agreement. This is standard practice and applies equally to your employer.

However, confidentiality is not absolute. Since 1 October 2025, under the Victims and Prisoners Act 2024, any clause that attempts to prevent you from the following is void and unenforceable:

  • Reporting a crime to the police
  • Seeking legal advice
  • Speaking to a regulated healthcare professional

This means that regardless of what a confidentiality clause says, you cannot be legally bound to silence in these circumstances.

These protections apply to anyone who is, or reasonably believes themselves to be, a victim of a crime and they cannot be contracted out of.

Our solicitors are required by the Solicitors Regulation Authority (SRA) to ensure these exceptions are explicitly built into any confidentiality clause we advise on. We will always make clear exactly what you can and cannot discuss before you sign.

Complete your agreement in 3 easy steps

1
Start
Start by clicking "Start process", calling us, or requesting a callback from us.
2
Get Advice
We'll give you free legal advice on what your settlement agreement means and what your options are on the same day as we receive it. Negotiation services are available where applicable.
3
Sign-Off
Once you're happy with your employer's terms, sign and return it to us. We'll speak with your employer to seek closure that same day. We'll return your completed agreement so you can get back on with your life.

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