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Sexual orientation discrimination

Sexual orientation discrimination legislation has been in place in the UK since 2003. Sexual orientation is a protected characteristic under the Equality Act 2010. The law is primarily designed to protect lesbian, gay and bisexual (LGB) employees and job applicants against direct and indirect sexual orientation discrimination, and harassment and victimisation because of someone's sexual orientation.

However, it is well-established in UK case law that a heterosexual individual can also be subjected to sexual orientation discrimination. For example, this could occur where a homophobic taunt is used towards an individual whom the perpetrator knows is not actually gay (English v Thomas Sanderson Blinds Ltd).

“Gender reassignment” is a separate protected characteristic under the Equality Act 2010. This means that transgender individuals are also protected against discrimination in the workplace.


    • Sexual harassment
    • Bullying and harassment
    • Latest News

    Seven in 10 LGBT staff sexually harassed at work

    by Ashleigh Webber 17 May 2019
    by Ashleigh Webber 17 May 2019

    Lesbian, gay, bisexual and transgender (LGBT) staff are facing “shockingly high” levels of sexual harassment and assault, but almost two-thirds...

    • Belief discrimination
    • Equality, diversity and inclusion
    • Latest News

    What employers need to know following the ‘gay cake’ ruling

    by Tom Long 18 Oct 2018
    by Tom Long 18 Oct 2018

    It is the case which has captivated the nation almost as much as the Great British Bake-Off. Tom Long looks...

    • Sexual harassment
    • Bullying and harassment
    • Latest News

    Women subjected to ‘predatory’ behaviour by MPs

    by Ashleigh Webber 15 Oct 2018
    by Ashleigh Webber 15 Oct 2018

    Women working at the House of Commons were subjected to “predatory” contact and treated like “personal servants” by MPs, an...

    • Case law
    • Latest News
    • Religious discrimination

    Bakery in ‘gay cake’ case wins Supreme Court appeal

    by Jo Faragher 10 Oct 2018
    by Jo Faragher 10 Oct 2018

    The Christian owners of the Northern Irish bakery in the ‘gay cake’ case have won their appeal at the Supreme...

    • Age discrimination
    • Employee engagement
    • Gender

    10 ways of improving employee inclusion at your organisation

    by Lee Russell 25 Jul 2018
    by Lee Russell 25 Jul 2018

    Inclusion is essential for high performance but too many organisations only pay it lip service, writes Lee Russell of learning...

    • Belief discrimination
    • Latest News
    • Discrimination

    Trump cap firing puts workplace policies in the spotlight

    by Michael Hibbs 12 Jul 2018
    by Michael Hibbs 12 Jul 2018

    As protests greet Donald Trump’s arrival in the UK, Michael Hibbs looks at the recent news from Canada, where a...

    • Gender
    • Wellbeing and health promotion
    • LGBT

    Supporting transgender employees: the importance of line management

    by Personnel Today 27 May 2018
    by Personnel Today 27 May 2018

    Recent research has highlighted that line management is a critical function when it comes to supporting trans employees, as Rosa...

    • Sexual harassment
    • Bullying and harassment
    • Equality, diversity and inclusion

    Third of LGBT employees hide their sexual orientation at work

    by Adam McCulloch 30 Apr 2018
    by Adam McCulloch 30 Apr 2018

    Gay, bisexual and trans campaign group Stonewall last week called on employers to develop zero-tolerance policies on discrimination against employees...

    • Latest News
    • Discrimination
    • Equal pay

    Discrimination costs the UK £127bn a year, claims study

    by Ashleigh Webber 26 Feb 2018
    by Ashleigh Webber 26 Feb 2018

    Discriminatory pay practices costs the UK economy £127bn in lost output every year, according to diversity and inclusion champion INvolve...

    • Equality, diversity and inclusion
    • Gender
    • Gender reassignment discrimination

    Six ways to be more inclusive of transgender people in the workplace

    by Jennie Kermode 11 Oct 2017
    by Jennie Kermode 11 Oct 2017

    HR has a key role in preventing discrimination against transgender people. Jennie Kermode, author of a new book on transgender...

    • Case law
    • Gender reassignment discrimination
    • LGBT

    Sexual orientation discrimination at work: Timeline

    by Stephen Simpson 6 Jul 2017
    by Stephen Simpson 6 Jul 2017

    In July 1967, the Sexual Offences Act 1967 partially decriminalised homosexuality in England and Wales. To mark the 50th anniversary...

    • Tribunal Watch
    • Age discrimination
    • Bullying and harassment

    Tribunal Watch: Teacher’s dismissal for showing 18-rated film to pupils

    by Stephen Simpson 9 Jan 2017
    by Stephen Simpson 9 Jan 2017

    Tribunal Watch returns with a round-up of recent case law reported in the news. The Employment Appeal Tribunal (EAT) upheld...

    • Case law
    • Sexual orientation discrimination
    • Religion

    Court of Appeal upholds gay cake case discrimination ruling

    by Rob Moss 24 Oct 2016
    by Rob Moss 24 Oct 2016

    The Court of Appeal in Northern Ireland has upheld a decision that Ashers bakery in County Antrim had directly discriminated...

    • Brexit
    • Europe
    • Case law

    EU referendum: 12 European cases that have shaped UK employment law

    by Stephen Simpson 31 Mar 2016
    by Stephen Simpson 31 Mar 2016

    The “Brexit” referendum on whether or not the UK should withdraw from the European Union takes place on 23 June...

    • Case law
    • Religious discrimination
    • Sexual orientation discrimination

    When employees’ religious beliefs clash with gay customers’ rights: five key cases

    by Stephen Simpson 3 Feb 2016
    by Stephen Simpson 3 Feb 2016

    This week, the Northern Ireland Court of Appeal was expected to hear the high-profile case of a bakery accused of...

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