Sexual orientation discrimination

The Equality Act 2010 contains provisions which protect employees from being discriminated against on grounds of their sexual orientation; one of the nine protected characteristics. The provisions apply to all elements of employment from recruitment, access to training, promotion, dismissals etc.

Under the act the following types of discrimination are covered:

• Direct;
• Indirect;
• harassment;
• victimisation.

Do you need a lawyer?

• If you are an employee and you think you have been discriminated against, take a look at our employment tribunal representation page or our workplace representation service if you are not yet at the stage of making a complaint.
• If you are an employer and an employee is making allegations of discrimination against you in the employment tribunal, take a look at the employment tribunal defence service.

Sexual orientation discrimination may be permitted where there is an occupational requirement for an employee of a particular orientation. In certain limited circumstances, where there is an organised religion, an employer may apply a requirement relating to sexual orientation.

If one employee harasses another on grounds of sexual orientation, the employer will still be liable unless it has taken reasonable steps from preventing such behaviour from taking place.

Please note that you must bring most employment tribunal claims no later than three months from the date of the act of discrimination and so do not delay in seeking advice!