What is the law around employee sexual orientation?

There have been many strides towards greater equality in society in the last few decades, with workplaces playing a large part. Nevertheless, there is still much progress to be made for LGBTIQA+ employees to feel supported at work. This piece examines the current law around sexual orientation for employees in the UK, including who it protects and the legal responsibilities of employers.

Laws governing employee sexual orientation

In the UK, discrimination based on someone’s sexual orientation is deemed unlawful by the Equality Act 2010. This applies to employees and workers of all kinds. Employers should also be aware that the law around employee sexual orientation includes those who are gay, lesbian, bisexual, queer, asexual, intersex, questioning, and more. Our HR advice for employers is to establish open lines of communication with employees at the start of their employment so they feel comfortable bringing issues forward.

Defining harassment in the workplace

As outlined in UK law, there are a range of protected characteristics that are designed to uphold the rights of employees in the workplace. These give HR managers and employment law professionals the necessary to identify instances of discrimination. The nine protected characteristics are:

Age
Sex
Sexual orientation
Disability
Gender reassignment
Race
Religion or belief
Pregnancy and maternity/paternity
Marriage and civil partnership

Dealing with discrimination in the workplace

Employers have a responsibility to take steps to prevent discrimination and harassment in the workplace, as well as have appropriate HR procedures in place. Discrimination based on sexual orientation can occur in a variety of ways, including:

Direct discrimination – an employee is treated less fairly due to their sexual orientation in both a professional and personal sense.
Indirect discrimination – certain employees are prevented from accessing blanket benefits due to their sexual orientation. Outdated company policies are often a common cause of indirect discrimination.
Victimisation – where an employee is treated less favourably following attempts to report a grievance or complaint, or help someone else to do so, about sexual orientation discrimination.
Harassment – unwanted actions that constitute a violation of someone’s dignity and create an environment that is hostile, humiliating, degrading, or offensive. There is a broad scope to what might be considered ‘harassment’, whether intentional or not. Check the uk guidelines here.

Discrimination can be extremely damaging to workplace culture and the overall health of the business. As such, employers must follow the proper process when investigating and dealing with instances of sexual orientation discrimination. Employers can be held responsible for discrimination if it happens ‘in the course of employment’ but relates to the employee’s work. For instance, comments made at an office party.

Importance of an accepting workplace

While there can be significant legal ramifications for discrimination of any kind in the workplace, not just instances centred around sexual orientation, employers are incentivised to foster an inclusive workplace for other reasons. This can be beneficial for the business through:

Enhanced employee productivity and engagement
Positive company culture
Boosts reputation
Encouraging creativity
Fostering close teamworking
Compliance and risk management

Looking for employment advice for employers and employees?

The team at Employment Law Services (ELS) Ltd are constantly monitoring the landscape of UK employment law, including upcoming changes and workplace issues we see on the horizon. With different generations entering the workplace, the risk of tensions will always be higher. We can help your business navigate these complex scenarios and avoid instances of discrimination. We also provide individual legal advice for employee problems which is tailored to your situation. Contact us today to get the employment law support you need.