Making sense of employment law - workplace discrimination
employment equality (sexual orientation) regulations
The Employment Equality (Sexual Orientation) Regulations 2003 came into force on December 1, 2003 and cover all aspects of the employment relationship, including recruitment, pay, working conditions, training, promotion, dismissal and references.
The Regulations protect people from workplace discrimination on the grounds of sexual orientation – orientations towards people of the same sex, people of the opposite sex, or people of both sexes. This means they protect lesbians, gay men, bisexuals and heterosexuals from employment discrimination and discrimination in vocational training.
Discrimination at work can be direct – treating people less favourably than others because of their sexual orientation. Or indirect – applying a provision, criterion or practice which disadvantages people of a particular sexual orientation and which is not justified in objective terms.
Harassment is unlawful under the regulations as is victimisation. Harassment is unwanted conduct that violates people’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Victimisation is treating people less favourably because of action they have taken under, or in connection with the new legislation. For example, if someone makes a formal complaint of discrimination at work or gives evidence in a tribunal case.
The law also covers perception of sexual orientation. So it protects people who are assumed – correctly or incorrectly – to be of a particular sexual orientation and people who are discriminated against because of the sexual orientation of the people with whom they associate, for example family and friends.
As well as providing help and advice on employment discrimination issues, the employment team at martin searle solicitors represents employees and employers at Employment Tribunals. We also offer bespoke diversity training.
want to talk to us?
If you believe you have suffered discrimination at work or you are an employer needing information or assistance on implementing an equal opportunities policy, please email Fiona Martin or phone 01273 609911.