Sexual Orientation Discrimination

What is Sexual Orientation Discrimination?

Sexual orientation discrimination occurs when an individual is treated unfairly due to their actual or perceived sexual orientation. Under the Equality Act 2010, this type of discrimination is unlawful and encompasses all facets of employment, from recruitment and hiring to promotions, training, and dismissal. It can also extend to harassment or victimisation based on someone's sexual orientation.

Types of Sexual Orientation Discrimination

Direct Discrimination happens when an individual is treated less favourably than another person in a similar situation because of their sexual orientation. For example, if an employee is passed over for promotion because they are gay, this is a clear case of direct discrimination.

Indirect Discrimination occurs when a seemingly neutral policy or practice has the effect of disadvantaging people based on their sexual orientation. An example could be company events or retreats held at locations that are not friendly or open to LGBTQ+ individuals, inadvertently excluding them.

Harassment involves unwanted conduct related to a person's sexual orientation that violates their dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. This could include offensive jokes, comments, or gestures about someone's sexual orientation.

Victimisation occurs when someone suffers a detriment because they have made or supported a complaint about sexual orientation discrimination. Examples include being isolated by colleagues or penalised by superiors after filing a grievance.

How We Can Help?

At Dutton Gregory, we offer a full range of legal services tailored to help employers manage issues related to sexual orientation discrimination effectively.

Policy Audits and Development
Our team will thoroughly review your existing policies to identify and rectify potential risks of sexual orientation discrimination. We help develop or revise policies that promote equality and compliance with the Equality Act 2010.

Risk Management

We assess potential risks related to sexual orientation discrimination within your organisation and recommend proactive strategies to mitigate these risks. Our goal is to reduce the likelihood of legal disputes and create a more inclusive workplace environment.

Defending Sexual Orientation Discrimination Claims

Should your organisation face a claim of sexual orientation discrimination, our experienced solicitors are prepared to provide expert legal representation. We focus on developing a robust defence strategy to protect your interests and have a track record of successfully handling complex discrimination cases.

Bespoke Training Programmes

We offer customised training sessions to educate your HR team, managers, and all employees on sexual orientation discrimination and prevention strategies. These sessions are designed to foster an inclusive culture, highlighting best practices for fair recruitment, performance management, and grievance handling.

What next?

For more information about employment law advice, please contact us at contact@duttongregory.co.uk or contact Darren Tibble as head of our employment team.