Standing Up Against LGBTQIA+ Workplace Discrimination: Your Rights and Legal Recourse

June is LGBTQIA+ Pride Month. A time for celebrating diversity, inclusion, and the progress made toward equality. However, it is also a time to acknowledge the ongoing struggles faced by many within the LGBTQIA+ community, especially in the workplace. Despite advances in legal protections, discrimination based on sexual orientation and gender identity remains a pressing issue in employment settings. For example, one in five workplaces don’t have any policies that support LGBTQIA+ staff members.

If you have experienced workplace discrimination or been unfairly dismissed due to your sexual orientation or gender identity, it’s crucial to understand your rights and the legal avenues available to you.

Understanding Workplace Discrimination

The Equality Act 2010 (“the Act”) is a crucial piece of legislation in the UK that protects individuals from discrimination based on certain protected characteristics such as  sexual orientation and gender reassignment. Under the Act, it is unlawful for employers to discriminate against employees or job applicants due to their sexual orientation or gender identity

Workplace discrimination can take various forms, including:

• Direct Workplace Discrimination: Treating an employee less favourably because of their sexual orientation or gender identity. This can be because you, yourself, are part of the LGBTQIA+ community. Or you may experience associative discrimination  because you have friends or family who are part of the LGBTQIA+ community. If you are being treated unfairly based on your sexual orientation or gender identity, you could pursue a direct discrimination claim, due to the protected characteristic of sexual orientation.
• Indirect Workplace Discrimination: Implementing or upholding policies or practices that disadvantage employees of a particular sexual orientation or gender identity. Pay attention to how different members of staff are treated to see if there’s a discrepancy between hetero and homosexual, cis-gendered* and trans employees. For example, a business has a policy that offers a staff discount to a man and his spouse, but the policy is historic and doesn’t acknowledge same sex marriage. If the business doesn’t review their practices when the issue is raised, this could also result in an indirect discrimination claim on the grounds of the protected characteristic of sexual orientation.
• Harassment: Unwanted conduct relating to sexual orientation or gender identity that violates an employee’s dignity. Or anything that creates an intimidating, hostile, degrading, humiliating, or offensive environment constitutes harassment
• Victimisation: This can occur where, for example, someone is subjected to a detriment because they have made or supported a complaint about their workplace discrimination, otherwise known as a protected act.

Common Experiences of Workplace Discrimination

Workplace discrimination can manifest in many ways.

Promotions and Benefits

Being passed over for promotion, for example. This is when qualified employees are overlooked for advancement due to their sexual orientation or gender identity. In a similar vein, not allowing LGBTQIA+ people access to the same workplace benefits as cis, straight people is prejudice. For instance, a cis man whose female partner is pregnant is allowed to take annual leave to accompany her, but a similar request from a woman wishing to accompany her female partner is denied.

Differences in Pay

Disparities in pay between employees performing the same job can also be an indication that workplace discrimination is at play. In 2019, a study by YouGov and LinkedIn discovered that LGBTQIA+ employees in the UK were paid £6,703 less than their cis-gendered or heterosexual colleagues. In this same study, nearly 40% of Brits said that they didn’t believe it was appropriate for LGBTQIA+ workers to be “out” at work.

Bullying from Colleagues and Managers

LGBTQIA+ people are more likely to experience a hostile working environment, enduring jokes, derogatory comments, or other forms of harassment that create a hostile work environment. While workplace bullying can happen to anyone, complaints to HR from LGBTQIA+ workers are more likely to be overlooked and that’s if the worker even feels they can bring up the harassment to begin with.  

In a Stonewall poll of 4,000 staff members, more than 6 in 10 said that they had been made to feel uncomfortable at work due to their sexual orientation or gender identity. More than a third of that same group admitted to having witnessed homophobic behaviour.  

Dismissal Due to Sexual Orientation or Gender Identity

Employees are sometimes fired or forced out of a job because of their sexual orientation or gender identity. While this is unlawful dismissal, it can be difficult to pinpoint.  

Pay attention to how you are being treated in comparison to cis, straight colleagues. Watch out for changes in attitudes towards you if people have only just realised that you’re not cis and/or straight. If you feel you are being treated differently because of your sexual preferences or gender, follow the steps below.

Steps to Take If You Face Workplace Discrimination

The burden of proof lies, in the first instance, with the person making the claim of workplace discrimination on the basis of sexual orientation or gender identity. In view of this, it’s important that you do the following:

1. Document Everything. Keep a detailed record of incidents of discrimination, including dates, times, locations, and the names of any witnesses. This documentation will be invaluable when building your case.
2. Report the Discrimination. Follow your company’s grievance procedure to report the discrimination to your employer. Make sure to do this in writing and keep copies of all correspondence.
3. Seek Support. Reach out to support groups, unions, or organisations that provide assistance to LGBTQIA+ individuals facing discrimination. They can offer guidance and support during this challenging time.
4. Consult an Employment Law Specialist. If internal procedures do not resolve the issue or if you face retaliation, it is time to seek legal advice.  Make sure you seek legal advice quickly due to the strict time limit for bringing claims in the Employment Tribunal which is 3 months less a day from the date of the last discriminatory act.  

Why Seeking Legal Advice is Crucial

Employment law can be complex, and a specialist can help you to understand your rights and the strength of your case. They can also assist in gathering evidence, preparing documentation, and representing you in negotiations or Employment Tribunal proceedings.

If you have been unfairly  dismissed or have suffered due to discrimination, you may be entitled to compensation for lost earnings, injury to feelings, and other losses. An employment law solicitor can help you to secure the compensation you deserve.

Taking a stand against discrimination not only seeks justice for yourself but also contributes to a broader movement for equality. Your case can set a precedent, encouraging other victims to come forward and prompting employers to create more inclusive workplaces.

Workplace Discrimination on the Basis of Sexual Orientation or Gender Identity is Illegal

Facing discrimination at work due to your sexual orientation or gender identity is not only distressing but also illegal. Understanding your rights and the legal protections available to you is the first step towards seeking reparation. By consulting with an employment law specialist, you can ensure that you receive the compensation you deserve and contribute to the fight against workplace discrimination.

Our firm is dedicated to standing with the LGBTQIA+ community, offering compassionate and expert legal support to those who have been wronged. If you believe you have faced workplace discrimination or unfair dismissal, contact us today for a confidential consultation. Together, we can work towards a more inclusive and just workplace for all.

Talk to An Employment Law Specialist

If you believe your sexuality or gender identity played a role in your unfair dismissal, seeking legal advice is crucial. At Winston Solicitors, we have a friendly and experienced team dedicated to helping employees in situations like yours. With our extensive knowledge in employment law and a proven track record of securing compensation for our clients, you can trust us to advocate for your rights. 

Don't hesitate to reach out to us for a confidential consultation and explore your options for claiming the compensation you deserve. You can also use our unfair dismissal calculator to see how much you may be able to claim.

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*Cis-gender relates to a person whose gender identity corresponds with the sex registered for them at birth.