Discrimination against the LGBT community
It shouldn’t matter who you love, because Sexual Orientation Discrimination is a characteristic that’s protected under the Equality Act 2010.
LGBT+ is shorthand for people who identify as lesbian, gay, bisexual or trans. Public Health England estimates that between 2.5-5.43% of the population of England self-identify as lesbian, gay, bi+ or ‘other’.
Surveys show that LGBT+ people experience more inequalities than their heterosexual and cis-gender counterparts. In fact, a survey found that 33% of LGBT+ workers in the UK have experienced discrimination in the workplace.
Stonewall’s LGBT in Britain Work report
Stonewall commissioned YouGov to carry out a survey in 2017 asking more than 5,000 LGBT people across England, Scotland and Wales about their life in Britain. These are some of the findings:
- 18% LGBT staff have been the target of negative comments or conduct from work colleagues in the last year because they’re LGBT
- 12% trans people have been physically attacked by customers or colleagues in the last year because of being trans
- 10% black, Asian and minority ethnic LGBT staff have been physically attacked because of their sexual orientation and/or gender identity, compared to 3% of white LGBT staff
- 18% LGBT peoplewho were looking for work said they were discriminated against because of their sexual orientation and/or gender identity while trying to get a
job in the last year - 12% black, Asian and minority ethnic LGBT employees have lost a job in the last year because of being LGBT, compared to four per cent of white LGBT staff
- 38% bi people aren’t out to anyone at work about their sexual orientation
- 35% LGBT staff have hidden or disguised that they are LGBT at work in the last year because they were afraid of discrimination
- 12% lesbian, gay and bi people wouldn’t feel confident reporting any homophobic or biphobic bullying to their employer
- 21% trans people wouldn’t report transphobic bullying in the workplace
- 31% non-binary people and 18% trans people don’t feel able to wear work attire representing their gender expression
Let’s start with some definitions…
Setting the scene
You’re protected against sexual orientation discrimination, harassment and victimisation whether you’re a job applicant or have a contract of employment, a contract of apprenticeship, or you’re working under a contract.
Sexual orientation is defined as your sexual orientation towards:
- people of the same sex
- people of the opposite sex
- people of either sex
You’re protected if you have a certain sexual orientation, as well as if you are perceived to have it even if you don’t.
Despite the law, discrimination against the LGBT community is ongoing, as these case studies show…
Case study 1
Mandy Fleming worked as a manager at refurbishment specialists, McGill Facilities Management Limited.
When she asked about seating arrangements in the office space, she was told that it was “boy-girl-boy-girl”.
She pointed out that this was not appropriate as the office was predominantly female, and asked if she could be near a colleague she worked closely with.
In response, she was told: “You dykes sit at the top”.
This embarrassed Mandy so much that she dreaded going to work, would cry in the car park every day, and excluded herself from office communications.
She raised a grievance, then resigned and claimed constructive dismissal and sexual orientation discrimination even though she did not possess the particular protected characteristic concerned.
The employment tribunal found that she had been constructively dismissed and harassed. Her employer was ordered to pay a total of £15,460 in compensation, including £2,000 for injury to feelings.
Case study 2
Ms McMahon worked at Redwood where she was she was the only gay employee.
The managing director told her to keep her sexuality hidden from colleagues and the “old school” business owner.
Because she was afraid that going against the MD’s instructions would damage her career, she complied, even though the comment made her feel “odd and uncomfortable”.
After eight months, Ms McMahon was made redundant and decided to take legal action.
The MD denied telling her not to disclose her sexuality, but the employment tribunal found she had been discriminated against on the grounds of her sexual orientation, as she had been “less favourably treated by being asked not to disclose her sexuality by comparison with a hypothetical person not sharing her protected characteristic.”
Case study 3
Vlad Tudose describes himself as polyamorous and claims this is a manifestation of heterosexuality.
He worked at Armour Home Electronics Limited where a female colleague complained that he sexually harassed her, during what Vlad described as a “flirtatious” conversation.
The problem was taken to a disciplinary hearing. While Vlad accepted the basis of the allegation against him, he denied that it amounted to harassment and claimed that his employer had been discriminated him against based on his sexual orientation.
The employment tribunal struck out the claim on the basis that Vlad had no reasonable prospect of successfully arguing that polyamory is a sexual orientation.
What this means to you
Employers should not allow any workplace banter which could be discriminatory in nature.
Sadly, it seems bigotry, discrimination and intolerance can still thrive in the wrong atmosphere, regardless of the legislation in place to protect people with protected characteristics.
Employers should have policies in place and also cultivate a culture of tolerance, inclusivity and acceptance. Encouraging inclusivity by including LGBT+ specific policies in the employee handbook, contracts and policies are all ways of cultivating a positive atmosphere.
From October 2024, employers will have a positive duty to prevent sexual harassment in the workplace. Your employer should ensure they:
- Have clear anti-sexual harassment policies in place
- Provide regular training of the dangers of sexual harassment in the workplace
- Make sure that complaints of sexual harassment are properly investigated and followed up
Suffered LGBT discrimination?
We are employment lawyers who act for employees (not employers) anywhere in the England, Scotland, Wales and and Northern Ireland.
If you’ve been discriminated against because of your sexual orientation, we can help.
Note that there is no limit on the amount of an award that can be made by the tribunal for a discrimination claim.
Related reading
We’ve written about similar topics before. For more information, please see our related articles:
- When does ‘banter’ go too far?
- I’m gender-fluid. Am I protected against discrimination?
- Belfast’s gay marriage cake update
- I’ve been discriminated against for my sexual orientation
- Discriminated because of sexual orientation?
Need help?
We have already helped thousands of people to win millions of pounds in compensation.
You have a choice of ways to pay, including ‘no win, no fee’.