If you believe your employer has treated you less favourably because of your sexual orientation, please contact one of our solicitors for advice.
The laws concerning sexual orientation (which are found in the Equality Act 2010) protect a wide range of individuals, including employees. They apply to all parts of employment, including recruitment, promotions and dismissals.
An employer is not allowed to:
- Discriminate directly by treating a job applicant or employee less favourably than others because of sexual orientation.
- Discriminate indirectly by applying a provision, criterion or practice that disadvantages job applicants or employees of a particular sexual orientation without a good reason.
- Subject a job applicant or employee to harassment related to sexual orientation.
- Victimise a job applicant or employee because they have made or intend to make a sexual orientation discrimination complaint
Sexual orientation discrimination may be permitted in certain limited circumstances. For example:
- Where there is an occupational requirement (OR) for an employee to be of a particular sexual orientation.
- Where the employment is for purposes of an organised religion, an employer may apply a requirement relating to sexual orientation for limited specified reasons.
- Positive action, but not positive discrimination, may be permitted to address existing inequalities.
If one employee discriminates against or harasses another, the employer will be liable unless it has taken reasonable steps to prevent such conduct from taking place. The offending employee may also be liable.
If a job applicant or employee is successful with a sexual orientation discrimination claim, an employment tribunal will generally make an award of compensation (including a sum for injury to feelings). The tribunal may also (or instead) make a declaration as to the parties' rights and/or make an appropriate recommendation.
