With Pride celebrations coming up and continuing across the UK each year, many employers take visible steps towards inclusivity and diversity in the workplace.
Despite this, LGBTQ+ employees can still face discrimination, harassment, bullying or unfair treatment in the workplace, and employers should ensure proactive steps are taken to prevent this.
Our Employment lawyers explore the legal rights of LGBTQ+ employees and the steps employers should take to prevent discrimination, harassment and unfair treatment in the workplace.
Are LGBTQ+ Employees Protected by Law?
The law provides legal protection for LGBTQ+ individuals in the workplace from discrimination on the grounds of sexual orientation and gender reassignment in the Equality Act 2010.
The Equality Act applies to workers and contractors, job applicants, apprentices and some self-employed individuals.
The protection applies throughout employment, including during recruitment, promotion opportunities, training, pay decisions, workplace policies, and termination.
What Counts as Workplace Discrimination?
=There are several forms of discrimination:
- Direct discrimination – where someone is treated less favourably because they are LGBTQ+. For example, refusing to promote an employee because they are homosexual or rejecting a job applicant because they are transgender. It could also include excluding an employee from certain work, i.e. client-facing work, because of their sexual orientation.
- Indirect discrimination – occurs where a workplace policy or practice, which applies to everyone, disproportionately disadvantages employees without justification. For example, dress code requirements that disproportionately impact transgender staff or a workplace culture that discourages employees from discussing same-sex partners.
- Harassment – involves unwanted conduct related to a protected characteristic that violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating or offence environment. This may include homophobic or transphobic jokes, offence comments, or intrusive questions about someone’s sexuality or gender identity.
- Victimisation – occurs when someone is treated detrimentally because they have raised concerns about discrimination. For example, an employee who submits a grievance about homophobic comments who suffers suffer retaliation, exclusion or disciplinary action as a result.
Practical Steps to Take
Employers should provide regular equality, diversity and inclusion training to ensure that employees understand LGBTQ+ related issues, appropriate workplace conduct, and the legal protections relating to sexual orientation and gender reassignment under the Equality Act 2010.
By law, employers must set out a grievance procedure and share it in writing with employees, for example, in the employee’s contract of employment or in a staff handbook.
If an employee submits a grievance as a result of experiencing discrimination on the grounds of sexual orientation or gender reassignment, a failure to properly investigate complaints or allowing inappropriate behaviour to continue can expose employers to further liability.
Obtaining legal advice from an employment solicitor can help businesses to understand their legal obligations and prevent unlawful treatment.
Need Advice on LGBTQ+ Workplace Rights?
Whether you are an employee concerned about discrimination at work or an employer looking to ensure compliance with the Equality Act 2010, our experienced Employment lawyers can provide clear, practical advice tailored to your circumstances. Get in touch with our Employment team today.
0161 941 4000
Emily Arnold
Trainee Solicitor
Emily joined Myerson as a Trainee Solicitor in 2024. Emily studied Law at the University of Liverpool, graduating with a 2:1 in 2019.
About Emily Arnold