Making Sense of Employment Law - Workplace Discrimination
Discrimination on the Grounds of Sexual Orientation
Who is protected?
The Employment Equality (Sexual Orientation) Regulations 2003 came into force on December 1, 2003. Protecting both employees and workers, they cover all aspects of the employment relationship including:
- Recruitment
- Pay
- Working conditions
- Training
- Promotion
- Dismissal
- References
The Regulations protect against 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 discrimination in employment and vocational training.
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. It also covers people discriminated against because of the sexual orientation of the people with whom they associate, for example family and friends.
Types of discrimination in the workplace
Direct discrimination at work
This is where someone is treated less favourably than others on the grounds of sexual orientation.
Indirect discrimination at work
This is where a criteria, provision or practice disadvantages people of a particular sexual orientation, unless the practice can be objectively justified.
Harassment
Harassment is unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. There is no defence of justification in respect of harassment and it is unlawful whether it is intentional or not.
Victimisation
Victimisation is treating someone less favourably due to action they have taken under, or in connection with this legislation. For example, if someone makes a formal complaint of discrimination at work or gives evidence in a tribunal case.
How we can help
If you believe you have been discriminated against under these regulations we can help. This could be as simple as drafting a suitably worded grievance.
As well as providing help and advice on employment discrimination issues, the employment team at martin searle solicitors also 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 help implementing an equal opportunities policy, please contact Fiona Martin or phone your local martin searle solicitors‘ office.
