It is unlawful for an employer to discriminate against an employee on grounds of sexual orientation. If you believe that you have suffered from sexual orientation discrimination at work, please contact one of our solicitors.
Direct discrimination
Direct discrimination occurs if, on the ground of sexual orientation, A treats B less favourably than he treats or would treat other persons.
For example, where a tribunal held that H, a heterosexual female, who worked in a bar that was popular with the gay community, until being dismissed and replaced by gay male staff, was unlawfully discriminated against on the ground of sexual orientation.
Harassment
Harassment is unwanted conduct that has the purpose or effect of violating the victim's dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment. It is an unlawful act distinct from direct and indirect discrimination and covers a variety of conduct, including teasing, tormenting, name-calling, verbal abuse and violence.
To date, the majority of successful claims under the Sexual Orientation Regulations have involved harassment.
Compensation
If a complaint is upheld, a tribunal may make such of the following orders as it considers just and equitable:
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a declaration of the parties' right
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a recommendation for action
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an order for compensation.
Compensation under the Regulations usually includes damages for injury to feelings.
Very often, an employment dispute can be settled by way of a compromise agreement.
If you believe that you have suffered discrimination on the grounds of your sexual orientation, please contact one of our solicitors for further advice.
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