Sexual orientation discrimination

What is sexual orientation discrimination?

The Equality Act 2010 merged more than 100 pieces of anti-discrimination legislation, including the Equality Act (Sexual Orientation) Regulations 2007. This Act is a powerful weapon against discrimination in all its many forms, including discrimination based on sexual orientation or perceived sexual orientation. Unfair discrimination isn't acceptable anywhere, but it can be particularly damaging when it occurs in the workplace.

That's why our experienced employment law solicitors are here to help if you believe you've been treated unfairly in the workplace because of your sexual orientation, or perceived sexual orientation. We may also be able to help if you think you were discriminated against for the same reasons during the recruitment process.

If you believe you've been a victim of discrimination because of your sexual orientation, speak to one of our sympathetic and experienced employment solicitors today. Call us on 0330 041 5869 or contact us and we'll call you.

How does the Equality Act define sexual orientation?

Sexual orientation one of the protected characteristics included in the Equality Act, and as defined as being heterosexual, gay, lesbian or bisexual. It can also be classed as discrimination if someone believes you to have a particular sexual orientation, whether it is true or not. This is known as discrimination by perception, and employers can still be held liable for any damage caused.

What can sexuality discrimination at work look like?

Discrimination can take various forms, but all can be incredibly damaging to a person’s career and well-being. The Equality Act covers:

• Direct discrimination: the most common type of discrimination, where a person or group is treated less favourably due to their sexual orientation. This can also include associative discrimination (treating those who associate with someone of a particular sexuality less favourably), and discrimination by perception (treating someone unfairly because you believe them – rightly or wrongly – to have a certain sexuality)
• Indirect discrimination: where an employment practice, rule or benefit disadvantages those of a particular sexuality; for example, a policy that only recognises opposite-sex marriages when providing benefits to an employee and their spouse.
• Harassment: when someone is subjected to intimidating, humiliating, hostile or offensive behaviour in the workplace based on their sexuality, whether intentionally or not.
• Victimisation: this involves being treated unfairly due to having previously made, trying to make, or helping someone else to make a compliant against your employer on the grounds of sexual orientation discrimination.

Who is protected from sexuality discrimination at work?

Almost all employees will be protected against sexual orientation discrimination at work, including agency workers, trainees and those who are self-employed. Protection from discrimination at work begins from the moment you apply for a job; it is the employer’s responsibility to ensure all job applicants, interviewees and employees (including trainees and contract workers) receive fair treatment throughout every interaction with the business. This includes:

• The recruitment and selection process
• The provision of training, pay levels and any additional benefits
• The terms provided within employment contracts
• Promotion availability
• Any redundancy or dismissal processes

Is my employer liable for sexuality discrimination at work?

It is the responsibility of your employer to ensure that your workplace is a safe environment, which means making sure that everyone is treated fairly and with respect regardless of their background or sexuality.

Where issues arise, your employer must take all reasonable steps to address the problem and resolve it as swiftly as possible. If this does not happen, they could then be liable if you were to take a claim to an employment tribunal.

It is worth noting that if you or a colleague were harassed by another co-worker, they could also be liable in a claim alongside your employer.

What can I do about sexual orientation discrimination?

You may find that the discrimination and other unfair treatment based on your sexual orientation is expressed as 'banter', or it might be quite subtle. You might have a line manager who is polite to your face but who excludes you from meetings you should be invited to and passes you over for promotion. You might even find that you're not given parental leave because you're in a same-sex marriage or you may be a highly qualified individual who finds that you failed to get a second interview for a new job before discovering that someone with far less experience has been hired instead.

Whether discrimination is subtle or overt, it's still discrimination; and we take your claim for discrimination very seriously.

If you've been discriminated against in the workplace, the time to seek redress is now. That's because you only have three months, minus one day, from the date of the last discriminatory act to lodge a complaint at an Employment Tribunal.

Before you can do so, it will be necessary to submit details of your claim to the Advisory, Conciliation and Arbitration Service (ACAS) to give them a chance to establish whether your employer will agree to 'early conciliation'. This takes up to a month, which will be added onto the three-month period where necessary. Where ACAS doesn't succeed in its conciliation attempts, we may then be able to file a claim at an employment tribunal on your behalf.

If you believe you've been unfairly discriminated against, speak to one of our experienced solicitors today. Call us on 0330 041 5869 or contact us and we'll call you.

Why choose Slater and Gordon?

Everyone has the right to be treated fairly and with respect in the workplace. Sexual orientation discrimination can be incredibly troubling, causing difficulties not only at work, but with your health and well-being too. It is therefore critical that if you’re experiencing sexuality discrimination at work, you speak to a specialist solicitor who can help work with you to set things right.

Our friendly and compassionate employment team have an outstanding track record of success in handling sexuality at work discrimination cases, and many of our solicitors have received recognition from esteemed legal publications such as Chambers and Partners and the Legal 500. With a wealth of experience and expertise, you can trust that you are in good hands.