Sex and Pregnancy Discrimination Tribunal Claim (2026 Guide)

When Do You Need to File a Sex or Pregnancy Discrimination Claim?

You need to file an ET1 form if you believe your employer has treated you unfairly because of your sex, because you are pregnant, or because of circumstances connected to maternity. The Equality Act 2010 protects you from the moment your employer becomes aware of your pregnancy and throughout your maternity leave period.

Common situations that give rise to a claim include:

• Being dismissed, made redundant, or selected for redundancy because you are pregnant or on maternity leave
• Being passed over for promotion, pay rises, or training because of your sex
• Receiving a lower salary than a colleague of the opposite sex doing equivalent work
• Being subjected to unwanted conduct — including comments, exclusion, or hostile treatment — related to your sex or pregnancy
• Returning from maternity leave to find your role has been changed, downgraded, or removed without a fair process
• Being denied flexible working requests in circumstances that suggest sex-based bias

You do not need to have been dismissed to bring a claim. Ongoing detrimental treatment, a constructive dismissal situation, or a discrete act of discrimination all qualify.

What a Sex Discrimination Claim Involves

Sex discrimination under the Equality Act 2010 covers several distinct legal concepts. Understanding which type applies to your situation is important, because the way you describe the claim on your ET1 needs to be legally precise.

Direct discrimination occurs when your employer treats you less favourably than it would treat a person of a different sex in a comparable situation. The comparator does not need to be a real person — a hypothetical comparator is sufficient.

Indirect discrimination occurs when your employer applies a provision, criterion, or practice that appears neutral but puts people of your sex at a particular disadvantage, and your employer cannot justify it as a proportionate means of achieving a legitimate aim.

Pregnancy and maternity discrimination is treated as a separate protected characteristic under the Equality Act 2010. During the protected period — from the start of pregnancy until the end of maternity leave — you do not need to compare your treatment to that of a man. The unfavourable treatment itself is the unlawful act.

Automatic unfair dismissal applies where the principal reason for dismissal is pregnancy, childbirth, or maternity leave. This is a day-one right, meaning no qualifying period of employment is needed. There is no cap on compensation in pregnancy dismissal cases involving automatic unfair dismissal combined with discrimination.

Harassment related to sex is also unlawful. This includes conduct that has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.

How to Complete Your ET1: Step by Step

The ET1 is the claim form used to start proceedings in the Employment Tribunal. It is submitted online through the HMCTS Employment Tribunal service. Every box matters. A poorly drafted ET1 can limit your claim, create inconsistencies that are difficult to correct later, or lead to the tribunal refusing to hear certain complaints.

Step 1 — Complete ACAS Early Conciliation first.
Before you can submit an ET1, you must contact ACAS and start the Early Conciliation process. This is a legal requirement. ACAS will issue you an Early Conciliation certificate number, which you must include on your ET1. If you skip this step, the tribunal will reject your claim.

Step 2 — Gather your key dates.
You will need the exact date of the act of discrimination (or the last act in a continuing course of conduct), the date your employment ended if applicable, and the date your ACAS certificate was issued. All of these affect your deadline calculation.

Step 3 — Complete your personal and respondent details accurately.
Enter your full name, address, and contact details. For the respondent, use the exact legal name of the employer — not a trading name or informal description. If there are multiple respondents (for example, an individual manager and the employing company), list each separately. An incorrect respondent name can cause significant procedural difficulty later.

Step 4 — Select the correct complaint types.
The ET1 asks you to tick which type of claim you are making. For a sex and pregnancy discrimination claim, you will select discrimination. You must then specify the protected characteristic — sex and/or pregnancy and maternity. If you are also claiming automatic unfair dismissal, tick that box separately. Do not leave any applicable box unticked — the tribunal cannot decide on a complaint you have not formally included.

Step 5 — Write your statement of facts (Section 8.2).
This is the most important part of your ET1. Write a clear, chronological account of what happened. Describe each act of less favourable treatment with: the date, what happened, who did it, and why you believe it was connected to your sex or pregnancy. Use specific examples. Avoid vague language such as “I was generally treated badly.” Instead, write: “On [date], my line manager [name] told me in a meeting that clients would not accept a pregnant employee in my role, and I was therefore being moved to an internal-facing position.”

Keep your language factual. Do not express anger or use accusatory language. The tribunal is assessing whether the facts, as you have described them, disclose a legal wrong — not whether you feel aggrieved.

Step 6 — State what you are claiming.
In the remedy section, set out what you are seeking. For discrimination claims, you may claim: a declaration that your employer acted unlawfully, compensation for financial loss (including lost earnings and future loss), compensation for injury to feelings, and in some cases, aggravated or exemplary damages. If you are claiming automatic unfair dismissal, you may also claim a basic award and a compensatory award. Do not leave the remedy section blank.

Step 7 — Review before submission.
Once submitted, the ET1 cannot easily be amended without applying to the tribunal for permission. Re-read every section carefully before you click submit. Check that all dates are correct, that the respondent names match official records, and that your statement of facts covers every act you intend to rely on.

Step 8 — Keep a copy and note your case number.
After submission, you will receive a case number. Keep this, along with a copy of the completed ET1, in a safe place. You will need it for all future correspondence with the tribunal.

Key Deadlines

The standard time limit for an Employment Tribunal discrimination claim is three months less one day from the act of discrimination. For a dismissal, time runs from the effective date of termination. For a continuing course of conduct, time runs from the last act in the series.

This deadline is strict. The tribunal has a limited discretion to extend time if it is “just and equitable” to do so, but this is not a reliable safety net and should not be relied upon.

The ACAS Early Conciliation period pauses the clock. When you contact ACAS, time stops running. It starts again once the certificate is issued. The time added back is either the length of the conciliation period, or one month — whichever is longer.

Automatic unfair dismissal (where dismissal is connected to pregnancy) follows the same three-month time limit as ordinary unfair dismissal claims.

If you are unsure when the clock started running in your case, treat the earliest possible date as the start point and act immediately.

What Happens After You File?

Once the tribunal receives your ET1, it will:

1. Acknowledge receipt and send you a claim number.
2. Serve a copy on the respondent, who has 28 days to submit an ET3 response form.
3. Issue a case management order setting out the next steps — often an initial case management hearing.

Most employment tribunal cases go through a period of case management before the final hearing. During this phase, the tribunal will set a timetable for exchanging documents (disclosure), preparing witness statements, and filing a schedule of loss. You may be required to attend a preliminary hearing, either by video or in person, to clarify the issues in dispute.

Settlements through ACAS or direct negotiation can occur at any stage. Many discrimination claims settle before final hearing. If a settlement is not reached, the final hearing will involve both parties presenting evidence and the tribunal deciding the case.

Common Mistakes

1. Missing the three-month deadline.
This is the most common and most serious error. Once the deadline has passed, recovering the position is very difficult. Do not wait to see whether the situation resolves itself.

2. Failing to complete ACAS Early Conciliation before submitting.
Without an ACAS certificate number, the tribunal will reject the ET1 entirely. This step cannot be skipped or done after submission.

3. Using the wrong respondent name.
The respondent must be identified by their correct legal name — as it appears on your contract of employment or Companies House. “My boss” or a trading name is not sufficient.

4. Leaving boxes unticked.
If you are also claiming automatic unfair dismissal, notice pay, or accrued holiday pay, those boxes must be ticked separately. The tribunal cannot award remedies for complaints you have not formally included.

5. Describing feelings rather than facts.
Statements such as “I was made to feel unwelcome” are not enough on their own. The ET1 must set out specific incidents, dates, and the connection to the protected characteristic.

6. Underestimating the schedule of loss.
Compensation in discrimination claims includes injury to feelings, which is assessed using the Vento bands. Many claimants fail to claim for injury to feelings at all, or significantly underestimate their financial loss by not accounting for future losses and pension contributions.

7. Submitting an incomplete or inconsistent statement of facts.
Dates, job titles, and the sequence of events must be internally consistent. Any inconsistency between your ET1 and your later witness statement will be used by the respondent’s legal team to challenge your credibility.

Sex Discrimination and the Equality Act 2010

The Equality Act 2010 consolidated and replaced earlier legislation — including the Sex Discrimination Act 1975 and the Equal Pay Act 1970 — into a single statutory framework. The relevant provisions for Employment Tribunal claims are found primarily in:

• Section 11 — which defines sex as a protected characteristic, applying to both men and women.
• Section 18 — which creates the specific protected characteristic of pregnancy and maternity and sets out the protected period during which no comparator is needed.
• Section 13 — direct discrimination.
• Section 19 — indirect discrimination.
• Section 26 — harassment related to a protected characteristic.
• Do I need a qualifying period of employment to bring a pregnancy discrimination claim?
  A: No. Protection against pregnancy and maternity discrimination applies from the first day of employment. There is no qualifying period. The same applies to automatic unfair dismissal where pregnancy is the reason for dismissal.

  Q: Can I bring a sex discrimination claim even if I was not dismissed?
  A: Yes. You do not need to have been dismissed. Any detrimental treatment — including being denied a promotion, receiving reduced hours, or being subjected to a hostile working environment — can form the basis of a claim, provided it is connected to your sex or pregnancy.

  Q: What is the difference between a pregnancy discrimination claim and automatic unfair dismissal?
  A: They are separate legal claims that often arise from the same facts. Pregnancy discrimination under the Equality Act 2010 covers any unfavourable treatment connected to pregnancy. Automatic unfair dismissal applies specifically where the reason for dismissal is pregnancy, childbirth, or maternity leave — and it carries no service requirement and uncapped compensation. You can bring both claims on the same ET1.

  Q: My employer says I was dismissed for redundancy, not because of my pregnancy. Can I still claim?
  A: Yes. If you were selected for redundancy while pregnant or on maternity leave, the burden shifts to the respondent to show the selection was genuinely unconnected to your pregnancy. Factors such as timing, the selection criteria used, and whether proper consultation took place will all be relevant. The tribunal will assess whether the stated reason is genuine or a pretext.

  Q: What compensation can I receive if my claim succeeds?
  A: Compensation in sex and pregnancy discrimination cases can include: a basic award (if you were dismissed), a compensatory award for financial loss, compensation for injury to feelings assessed using the Vento guidelines, and in some cases aggravated damages. There is no cap on compensation in discrimination cases. A well-prepared schedule of loss is essential to recovering the full amount you are entitled to.

  Related Court Forms & Guides

  • Form N260: Statement of Costs — the costs schedule used at summary assessment.
  • Form N244: Application Notice — the form for interim applications.
  • Start a Money Claim Online (OCMC) — where most civil money claims begin.
  • Particulars of Claim — setting out the basis of your claim.
  • Civil Court Forms Index — every civil court form guide in one place.

  Frequently asked questions

  Do I need a qualifying period of employment to bring a pregnancy discrimination claim?

  No. Protection against pregnancy and maternity discrimination applies from the first day of employment — there is no qualifying period. The same applies to automatic unfair dismissal where pregnancy is the reason for the dismissal.

  Can I bring a sex discrimination claim even if I was not dismissed?

  Yes. You do not need to have been dismissed. Ongoing detrimental treatment — such as being passed over for promotion, having your hours reduced, or being subjected to a hostile working environment — can form the basis of a claim, provided it is connected to your sex or pregnancy.

  Do I have to contact ACAS before submitting my ET1?

  Yes. You must start ACAS Early Conciliation before you can submit an ET1. ACAS issues an Early Conciliation certificate number that you must include on the form. If you skip this step, the tribunal will reject your claim.

  What is the time limit for an Employment Tribunal discrimination claim?

  The standard time limit is three months less one day from the act of discrimination — or, for a continuing course of conduct, from the last act in the series. For a dismissal, time runs from the effective date of termination. The ACAS Early Conciliation period pauses the clock. This deadline is strict; the tribunal’s discretion to extend it is limited, so check the position for your situation and act promptly.

  What can I claim as compensation?

  For discrimination claims you may seek a declaration that your employer acted unlawfully, compensation for financial loss (including lost earnings and future loss), and compensation for injury to feelings, which is assessed using the Vento bands. If you are also claiming automatic unfair dismissal, you may claim a basic award and a compensatory award. Do not leave the remedy section blank.

  Which parts of the Equality Act 2010 apply?

  The Equality Act 2010 brings sex and pregnancy and maternity discrimination into a single framework. Sex is the protected characteristic; pregnancy and maternity is a separate protected characteristic with a protected period during which no comparator is needed. The Act also covers direct discrimination, indirect discrimination and harassment related to a protected characteristic.

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