Home > EMPLOYMENT > SEXUAL-ORIENTATION DISCRIMINATION

This fact sheet will give you some basic information about sexual orientation discrimination at work. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

• Who is covered by the laws on sexual orientation?
• How does the law protect me at work?
• What other sort of behaviour is illegal?
• Are there any exceptions?
• How do I make a complaint?
• What happens if my complaint is successful?

Who is covered by the laws on sexual orientation?

The law protects you from discrimination because of your sexual orientation. This means you are protected if you are gay, lesbian or bisexual. You are also protected from discrimination based on "perceived orientation". This means it is illegal for your employer to treat you less favourably because they think you are gay, whether or not you actually are.

How does the law protect me at work?

The law protects you from discrimination because of your sexual orientation. This means you are protected if you are gay, lesbian or bisexual.

The law protects you from discrimination through the whole employment process, including recruitment, terms and conditions and dismissal.

This means it is illegal for an employer to decide not to give you a job or to dismiss you because you are gay, appear to be gay or have gay friends.

You are even protected if you have left a job. For example, it would be illegal for your ex-employer to refuse to give you a reference because you are gay.

It is also illegal for an employer to have policies or practices that put you at a disadvantage compared with people of a different sexual orientation, unless they can give a good reason for it.

What other sort of behaviour is illegal?

You are also protected from harassment. This includes teasing, name-calling or other behaviour you find upsetting, regardless of the other person's intention.

It is also illegal to treat you less favourably because you have made a complaint about discrimination. The legal term for this is "victimisation".

Are there any exceptions?

Am employer can only discriminate if they can prove there is a "genuine occupational requirement" for their action. This means they will have to prove that a particular job can only be done by a heterosexual. This is likely to be very rare.

How do I make a complaint?

Firstly you have to make formal complaint to your employer, who then has 28 days to sort out your grievance. If you are still unhappy, you can complain to an Employment Tribunal. Normally you have to do this within three months of the incident you are complaining about. You can ask your employer to fill in a questionnaire to get more information about your complaint.

If you can show the Tribunal that your employer discriminated against you, it is then up to your employer to prove their behaviour was reasonable.

What happens if my complaint is successful?

If the Tribunal agrees with your complaint, they can award compensation. There is no upper limit for the amount you might get.

Or the Tribunal can order your employer to give you your old job back or give you a new job.