Its unlawful for an employer to discriminate against an employer/worker because of their sexual orientation;
- orientation towards people of the same sex (lesbians and gay men)
- orientation towards people of the opposite sex (heterosexual)
- orientation towards people of the same sex and the opposite sex (bisexual).
Direct Discrimination
This happens when somebody treats you less well than another person of a different sexual orientation on account of your own sexual orientation. The law applies to employment and recruitment as well as the provision of goods and services.
Example
Promoting a lesser heterosexual candidate over a better homosexual candidate.
Indirect Discrimination
An employer can potentially discriminate indirectly – to apply a criterion, provision or practice which disadvantages people of a particular sexual orientation, unless it can be objectively justified; for example a occupational requirement and crucial to the post. An example of this could be a particular policy for maternity / paternity leave does not apply to same sex couples.
Example
If your company arranges a Christmas dinner where only husbands and wives of employees are invited.
Harassment
Harassment is unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment as a result of your sexual orientation. The law also protects you from being harassed as a result of your actual or perceived sexual orientation or by association with another person of a particular sexual orientation.
Example
A work colleague constantly makes jokes that you are lesbian due to your short hair.
Victimisation
If you are victimised as a result of pursuing a grievance/complaint against someone discriminating against as a result of your sexual orientation (or perceived sexual orientation) you can also bring a claim.
Example
You are not invited to a weekend work training retreat because you pursued a grievance against your employer in respect of your sexual orientation.
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To make a free enquiry based on any of the issues raised on this page please contact us on 0808 168 7288, or complete the online contact form at the top right of this page.