Sex refers to whether a person is a man or a woman; the Equality Act 2010 sees sex as binary, either male or female. It is illegal to discriminate against a person if:
- the person is (or is not) a particular sex
- someone thinks the person is of the opposite sex (discrimination by perception)
- the person is connected to someone of a particular sex (discrimination by association)
Under the Act, a person’s legal sex is the sex that is recorded on their birth certificate or on their Gender Recognition Certificate. A transgender person can change their legal sex by obtaining a Gender Recognition Certificate.
The Equality and Human Rights Commission (2020) noted that there are four main types of sex-based discrimination:
- Direct discrimination – when someone treats a person worse because of their sex, than someone of the opposite sex who is in a similar situation
- Indirect discrimination – when
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