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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.


    • 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...

    • Case law
    • Sexual orientation discrimination

    Gay customer awarded £7,500 for locksmith worker’s homophobic gestures

    by Rob Moss 30 Oct 2015
    by Rob Moss 30 Oct 2015

    A locksmith has been ordered to pay £7,500 compensation to a man who suffered homophobic abuse from one of the...

    • Benefits
    • Case law
    • Department for Work and Pensions

    Civil partner pension benefits need not be equalised

    by Jo Faragher 7 Oct 2015
    by Jo Faragher 7 Oct 2015

    Pension schemes will not be required to pay backdated benefits to civil partners of their members, due to a Court...

    • Collective redundancy
    • Absence
    • Case law

    Five important employment law cases in 2015… and five more to come

    by Stephen Simpson 10 Aug 2015
    by Stephen Simpson 10 Aug 2015

    We round up five significant employment case law decisions that have already been made in 2015, and look at five...

    • Tribunal Watch
    • Sexual harassment
    • Age discrimination

    Tribunal watch: Unfair dismissal of manager “forced to dress up as Santa”

    by Stephen Simpson 9 Mar 2015
    by Stephen Simpson 9 Mar 2015

    An employment tribunal has held that a manager was constructively dismissed after he was forced to dress up as Father...

    • Tribunal Watch
    • Sexual orientation discrimination
    • TUPE

    Tribunal watch: TUPE transfer leads to pay cut for care workers

    by Stephen Simpson 13 Oct 2014
    by Stephen Simpson 13 Oct 2014

    The TUPE transfer of care staff from the NHS to Prospect Housing and Support Services resulted in unlawful variations to...

    • Tribunal Watch
    • Agency workers
    • Race discrimination

    Tribunal watch: £10,000 award for underpaid agency worker

    by Stephen Simpson 15 Sep 2014
    by Stephen Simpson 15 Sep 2014

    An employment tribunal has awarded a temporary agency worker over £10,000 after she was not paid the same after 12...

    • Tribunal Watch
    • Belief discrimination
    • Disability discrimination

    Tribunal watch: Holocaust denial not a belief protected by discrimination legislation

    by Stephen Simpson 30 Jun 2014
    by Stephen Simpson 30 Jun 2014

    Two more employment tribunal decisions, featured in our weekly round-up of tribunal cases in the press, can be added to...

    • Expatriates
    • Employment law
    • Sexual orientation discrimination

    Sexual orientation issues with a global workforce

    by Pam Loch 21 May 2014
    by Pam Loch 21 May 2014

    Although it is not currently unlawful, tolerance towards homosexuality in countries such as Russia vary considerably, while others around the...

    • Tribunal Watch
    • Sexual harassment
    • Constructive dismissal

    Tribunal watch: Docker wins £45,000 for sexual orientation harassment

    by Stephen Simpson 19 May 2014
    by Stephen Simpson 19 May 2014

    A Belfast dock worker who was dismissed after reacting to homophobic abuse has been awarded more than £45,000. Stephen Simpson...

    • Sexual harassment
    • Age discrimination
    • Bullying and harassment

    Employment tribunals: 15 unusual forms of harassment

    by Stephen Simpson 8 Apr 2014
    by Stephen Simpson 8 Apr 2014

    Harassment is traditionally thought of as a man’s unwanted actions towards a woman, or comments that are offensive to a...

    • Bullying and harassment
    • Employment law
    • HR practice

    Gay barrister who found homophopic comments in case file wins discrimination case

    by Laura Chamberlain 10 Feb 2012
    by Laura Chamberlain 10 Feb 2012

    A gay barrister who found references to his “batty boy mate” in a case file has had his claim of...

    • Age discrimination
    • Belief discrimination
    • Disability discrimination

    Tribunal awards: which discrimination cases attract the biggest payouts?

    by Laura Chamberlain 12 Sep 2011
    by Laura Chamberlain 12 Sep 2011

    While the latest Employment Tribunal Service statistics show that the average tribunal awards for age discrimination claims nearly tripled in...

    • Sexual harassment
    • Bullying and harassment
    • Employment law

    Legal opinion: Sexual orientation harassment in the workplace

    by Verity Clark 2 Sep 2011
    by Verity Clark 2 Sep 2011

    Two recent cases have thrown up some interesting issues in relation to sexual orientation discrimination in the workplace, including whether...

    • Employee relations
    • Employment law
    • Sexual orientation discrimination

    Christian counsellor sacked for refusing to work with gay couples may be granted right to appeal

    by Kat Baker 15 Apr 2010
    by Kat Baker 15 Apr 2010

    The Court of Appeal will today consider whether a Christian counsellor sacked after he refused to work with gay couples...

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