Pride Month is a time to celebrate diversity, honour the LGBTQ+ community, and reflect on the progress made toward equality. However, it also serves as a timely reminder that legal and cultural work still needs to be done, particularly in the workplace.

As employment lawyers, we regularly advise clients on navigating the Equality Act 2010 (Act) and the protection it affords against discrimination. Sexual orientation is one of the nine protected characteristics under the Act, yet individuals still face both overt and subtle forms of discrimination from exclusionary workplace cultures to more explicit forms of bias. In this article, we explore what the law says, how employers can stay compliant, and what practical steps an organisation can take to foster truly inclusive working environments.

Legal Framework

The Act forms the foundation of anti-discrimination law in the UK, which seeks to protect individuals from various forms of discriminatory treatment based on nine ‘protected characteristics’, one of which is sexual orientation.

The Protected Characteristic – Sexual Orientation

Sexual orientation is defined under the Act as a person’s sexual orientation towards:

1. Persons of the same sex;
2. Persons of the opposite sex; or
3. Persons of either sex.

Importantly, the Act protects all sexual orientations and applies not only to employees, but also to job applicants, workers, apprentices, shareholders, and certain self-employed individuals.

It is also important to note that sexual orientation discrimination does not require someone to actually have or be the sexual orientation that they are believed to have. The Act also protects people from discrimination based on:

• Perception: Believing someone has a particular sexual orientation, even if they do not.
• Association: Being connected to someone who is a particular sexual orientation, such as a colleague, friend, or family member.

Types of discrimination

There are four main types of discrimination which are applicable in respect of sexual orientation as a protected characteristic:

1. Direct Discrimination

Direct Discrimination occurs when someone is treated less favourably than another because of their sexual orientation.  For example, if an employee were refused a promotion because they have a same-sex partner, this could be direct sexual orientation discrimination.

2. Indirect Discrimination

This occurs when a provision, criterion or practice (PCP) (e.g. a company policy) applies to everyone but disadvantages people of a particular sexual orientation. For instance, requiring all employees to attend work drinks at a venue which is known for being unwelcoming to LGBTQ+ patrons could amount to indirect sexual orientation discrimination.

It is important to note that in respect of indirect discrimination, an employer may have a defence if they can show their actions were objectively justified. This is known as a ‘proportionate means of achieving a legitimate aim’, essentially, whether there was a genuine business need, and whether the PCP was reasonably necessary to meet that need.

3. Harassment

Harassment is unwanted conduct related to sexual orientation that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. This can include jokes, innuendo, or repeated comments about someone’s sexuality as well as violence, or indeed, threats of violence.

4. Victimisation

Victimisation occurs when someone is treated unfairly because they have done, or are intending to do, what is known as a ‘protected act’.  This includes the following:

1. Bringing proceedings under the Act;
2. Giving evidence or information in connection with proceedings under the Act, whether or not the proceedings were brought by that individual;
3. Doing any other thing for the purpose of or in connection with the Act; or
4. Alleging that the discriminator or any other person has contravened the Act.

For example, an employee who supports a colleague’s grievance about homophobic bullying and is then denied a training opportunity as a result may be experiencing victimisation.

Employer Responsibilities

Employers have a legal duty to prevent discrimination in the workplace and can be held vicariously liable for acts of their employees, unless they can demonstrate that they took all reasonable steps to prevent such behaviour occurring.

Reasonable steps may include:

• Implementing strong anti-discrimination and equal opportunities policies within their staff handbooks.
• Conducting regular EDI (equality, diversity, and inclusion) training.
• Ensuring managers understand how to handle complaints appropriately.
• Encouraging an inclusive and respectful workplace culture.

Common Issues and Practical Challenges

Even with robust policies in place, many LGBTQ+ employees face day-to-day challenges which may not meet the legal threshold for discrimination but still significantly impact their wellbeing. Common issues can include:

• Microaggressions: Subtle, often unintentional behaviours or comments that convey stereotypes or undermine an individual’s identity.
• A culture of ‘banter’: What some may consider harmless joking can amount to harassment if it targets or belittles someone’s sexual orientation.
• Outing – Disclosing someone’s sexuality without their consent may constitute harassment, as well as potentially causing significant distress to the individual, even if it was well-intentioned.

Fostering a Culture of Allyship and Inclusion

Legal compliance is the baseline, not the end goal. Creating a truly inclusive workplace will often mean going beyond the law. Employers can:

• Celebrate Pride Month meaningfully, not just performatively.
• Spotlight LGBTQ+ voices within the organisation.
• Support employee networks and mentoring schemes.
• Encourage inclusive language and behaviour.
• Review policies regularly with input from LGBTQ+ staff.
• Training should be ongoing, not one-off, and be inclusive of everyone from senior leadership to new joiners.

What does this mean for you and your business

Understanding your rights under the Act can be key to feeling safe, respected, and valued at work. If you’re an LGBTQ+ employee, or someone perceived to be, the law protects you from discrimination in all aspects of employment, from recruitment and promotions to everyday workplace interactions.

If you experience or witness behaviour that may amount to discrimination or harassment, you have the right to speak up, whether informally or formally, through internal procedures, or by seeking legal advice. Your employer is under a legal duty to take your concerns seriously and to prevent further harm.

Pride Month is an opportunity for reflection, education, and action. It reminds us that while legal protections are essential, culture change is equally important. Employers that champion diversity and inclusion not just during Pride Month but all year round stand to benefit from stronger legal compliance, more engaged employees and a safer workplace for all.

If you would like any further guidance on how your business can be legally compliant with sexual orientation discrimination, or indeed advice on how you can celebrate and support your employees, please feel free to contact our Employment Law team on 01604 936512 / 01908 953674 or email employment@franklins-sols.co.uk.