Overview of LGBT Discrimination

The Equality Act 2010 (the “Act”) prohibits workplace discrimination on grounds of sexual orientation and protects lesbian, gay, bisexual and transsexual workers from direct and indirection discrimination, victimisation and harassment at work.

The Act also protects individuals who are incorrectly (or even correctly) presumed to have a particular sexual orientation.

The Act protects people from the initial application and interview stages, during any probation period, throughout their employment and any notice period. The law applies to full-time and part-time staff, temporary workers, contracted workers and those on internships or work experience.

The different types of LGBT discrimination include;

1. Direct Discrimination – a person is discriminated against because of their sexual orientation and is treated less favourably than others.
2. Indirect Discrimination – when an employer imposes a provision, criterion or practice which appears equal and neutral to all workers but causes disadvantage to people of a particular sexual orientation.
3. Victimisation – where an individual has taken (or intends to take) steps to complain, raise a grievance or give evidence and as a result is treated less favourably than others.
4. Harassment – this is unwanted behaviour that is offensive, degrading or frightening.

We assist employers in taking the necessary steps to prevent discrimination in the workplace, including drafting policies to effectively safeguard employees from discrimination.

We also advise employees who have faced sexual orientation discrimination at work or wish to raise a grievance.

For further advice and assistance please contact our Employment Law Team on 01604 936480 / 01908 916807 or email info@franklins-sols.co.uk