What Will Happen in My Sex Discrimination Case? 92% Never Reach a Hearing
This article applies to England, Wales and Scotland.
Important: This guide provides information about UK employment law. It is not legal advice. Every situation is different. If you are dealing with a workplace dispute, consider speaking to a solicitor for advice specific to your circumstances.
In brief: Sex discrimination claims rose 65% year-on-year to 1,176 complaints in Q2 2025/26. Of disposed claims, 32% settled through ACAS conciliation, 0% succeeded at a full hearing in Q2, and 92% were resolved without ever reaching a hearing. The average case takes 30 weeks to clear, two weeks longer than the all-claims average.
Last updated: February 2026
If you believe you have been treated less favourably at work because of your sex, you are far from alone. Sex discrimination complaints have risen 65% in the past year, and the data from those cases can help you understand what the process actually looks like and where claims typically end up.
The figures in this article come from the Ministry of Justice's Employment Tribunal Statistics (Reform system data), covering Q2 2024/25 through Q2 2025/26. Sex discrimination is protected under the Equality Act 2010 and covers direct discrimination, indirect discrimination, harassment, and victimisation related to sex.
How many people are in your position?
Sex discrimination is the eighth most common tribunal complaint. In Q2 2025/26 (July to September 2025), 1,176 complaints were filed, representing 13% of all single claims.
| Quarter | Sex discrimination complaints | Share of all claims |
|---|---|---|
| Q2 2024/25 (Jul-Sep 2024) | 713 | 12% |
| Q3 2024/25 (Oct-Dec 2024) | 804 | 12% |
| Q4 2024/25 (Jan-Mar 2025) | 927 | 12% |
| Q1 2025/26 (Apr-Jun 2025) | 1,054 | 12% |
| Q2 2025/26 (Jul-Sep 2025) | 1,176 | 13% |
That is a 65% increase compared to Q2 2024/25. Growth has been consistent across all five quarters, with the share of total claims holding steady at 12-13%.
Sex discrimination claims encompass a broad range of workplace situations: unequal pay or terms compared to colleagues of a different sex, being passed over for promotion, harassment or inappropriate comments, unfavourable treatment linked to caring responsibilities, and dismissal or detriment connected to sex. Many sex discrimination claims are filed alongside other complaints, particularly unfair dismissal and harassment.
How will your case most likely end?
The tribunal disposed of 465 sex discrimination complaints in Q2 2025/26. Here is how they were resolved:
| Outcome | Percentage | What it means |
|---|---|---|
| ACAS conciliated settlement | 32% | Settled through ACAS before hearing |
| Withdrawn or dismissed | 60% | Claim withdrawn by claimant or dismissed by tribunal |
| Struck out | 3% | Tribunal removed the claim |
| Unsuccessful at hearing | 1% | Went to full hearing, employer won |
| Successful at hearing | 0% | Went to full hearing, claimant won |
| Default judgment | 0% | Employer failed to respond |
| Other | 4% | Includes various procedural outcomes |
The key figures: if you imagine 100 sex discrimination claims filed today, around 32 would settle through ACAS, none won at a full hearing in Q2, and 92 would be resolved without ever reaching a hearing. Only around 1 in every 100 claims went to a contested hearing.
The 0% hearing success rate in Q2 reflects the small sample size of cases reaching a hearing in any given quarter, rather than suggesting sex discrimination claims cannot succeed. As with other discrimination types, the stronger cases settle before hearing, which is reflected in the 32% ACAS settlement rate, one of the higher rates across all claim types.
How long will it take?
Sex discrimination cases take slightly longer than average, though with a wide spread:
| Percentile | Sex discrimination | All claims |
|---|---|---|
| 25th (fastest quarter) | 13 weeks | 14 weeks |
| Median (middle case) | 27 weeks | 25 weeks |
| 75th (slower cases) | 44 weeks | 40 weeks |
| Mean (average) | 30 weeks | 28 weeks |
The average sex discrimination case takes 30 weeks, two weeks longer than the all-claims average of 28 weeks. The fastest quarter of cases clear within 13 weeks, actually quicker than the 14-week all-claims figure, suggesting that early settlements happen particularly fast for sex discrimination. But the slower cases drag the average up: one in four takes 44 weeks or more.
The wide spread between the fastest and slowest cases reflects two different paths. Cases that settle through ACAS tend to resolve within the first few months. Cases that go to a full hearing take much longer, particularly where they involve complex evidence about patterns of behaviour or institutional practices.
For a full comparison of timelines across all claim types, see our waiting times analysis.
What this means for you
The data highlights several practical considerations for sex discrimination claims.
Settlement is your most likely path to resolution. At 32%, the ACAS settlement rate for sex discrimination is one of the higher rates across all claim types. Employers are frequently motivated to settle these claims to avoid the reputational damage and management time involved in defending a public hearing. Going into ACAS early conciliation with a clear, documented account of what happened strengthens your position.
Very few cases reach a hearing, and that is typical for discrimination claims. The 0% hearing success rate in Q2 does not mean sex discrimination claims are weak. It reflects the fact that most viable cases settle before reaching that stage. Across all discrimination types, hearing success rates are low because the cases that make it to a full hearing are typically the most contested. The strength of your claim is better judged by the settlement rate than the hearing outcome data.
Evidence of comparison matters. Sex discrimination cases often depend on showing that someone of a different sex was treated more favourably in comparable circumstances. If you can identify specific comparators (colleagues in similar roles who were treated differently), this can significantly strengthen both your claim and your settlement position. Keep records of specific examples, including dates, names, and the treatment in question.
The timeline has a wide spread. While the fastest quarter of sex discrimination claims clear within 13 weeks, a quarter take 44 weeks or longer. Early settlement is the main driver of faster outcomes. If your case is likely to go to a hearing, planning for a timeline closer to 9-12 months from filing is realistic.
Employer duties on harassment prevention have strengthened. Since October 2024, employers have a legal duty to take reasonable steps to prevent sexual harassment at work (Worker Protection (Amendment of Equality Act 2010) Act 2023). If a tribunal finds the employer breached this duty, it can increase compensation by up to 25%. The Employment Rights Act 2025 will strengthen this further, requiring employers to take "all reasonable steps" and extending liability to third-party harassment (expected October 2026). If your claim involves sexual harassment, these duties may be directly relevant.
Time limits still apply. You need to start ACAS early conciliation within three months minus one day of the discriminatory act (or the last in a continuing course of conduct). The backlog does not extend your filing deadline. Once the Employment Rights Act 2025 changes take effect (expected October 2026), this may extend to six months.
For sex discrimination cases, which can involve sensitive evidence and nuanced legal arguments, you may want to speak with a solicitor who specialises in discrimination law.
For guidance on your specific situation, including eligibility and next steps, try our free assessment. Learn more about our claims packages, or create a free account to get started.
Frequently Asked Questions
How many sex discrimination claims are filed?
In Q2 2025/26, 1,176 sex discrimination complaints were filed, a 65% increase on the same quarter the previous year. Sex discrimination accounts for around 13% of all tribunal claims.
What percentage of sex discrimination claims succeed?
In Q2 2025/26, 0% succeeded at a full hearing, but 32% settled through ACAS conciliation. The 0% figure reflects the small number of cases reaching a hearing in any given quarter. Around 92% of sex discrimination claims are resolved without a hearing.
How long does a sex discrimination case take?
The average is 30 weeks from filing to resolution. The fastest 25% of cases clear within 13 weeks, while 25% take 44 weeks or more.
What counts as sex discrimination at work?
Sex discrimination under the Equality Act 2010 covers treating someone less favourably because of their sex, applying rules that disproportionately disadvantage one sex (indirect discrimination), unwanted conduct related to sex that creates a hostile environment (harassment), and penalising someone for raising a sex discrimination complaint (victimisation).
Is equal pay the same as sex discrimination?
Equal pay and sex discrimination are related but legally distinct. Equal pay claims specifically address differences in pay and contractual terms between men and women doing equal work. Sex discrimination claims cover broader unfavourable treatment. You can bring both types of claim, and they involve different legal tests.
Sources
- "Employment Tribunal Statistics, Tables ET_1_R, ET_2_R, T_3", Ministry of Justice / HM Courts & Tribunals Service, 2025 - https://www.gov.uk/government/collections/tribunals-statistics
- Equality Act 2010, Part 5 (Work) - https://www.legislation.gov.uk/ukpga/2010/15/part/5
- "Sex discrimination", ACAS - https://www.acas.org.uk/sex-discrimination
- Worker Protection (Amendment of Equality Act 2010) Act 2023 - https://www.legislation.gov.uk/ukpga/2023/51/enacted
- "Early Conciliation", ACAS - https://www.acas.org.uk/early-conciliation