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Sexual orientation

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.


    • Gender
    • Latest News
    • Business travel

    Business travel: how to protect LGBTQ+ staff

    by Jenn McColly 21 Jun 2019
    by Jenn McColly 21 Jun 2019

    With same-sex relationships considered a criminal offence in 70 countries, employers need to exercise their duty of care towards LGBTQ+ staff who travel abroad.

    • 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...

    • Social mobility
    • Gender
    • Equality, diversity and inclusion

    Equality and inclusion winners celebrate at the enei 2018 Awards

    by Personnel Today 10 Jul 2018
    by Personnel Today 10 Jul 2018

    Croydon Council and ISS UK and Ireland received the overall winner prizes for their inclusion policies at this evening’s 2018...

    • Apprenticeships
    • Equality, diversity and inclusion
    • Gender

    Employers need to break recruitment traditions to boost diversity

    by Ashleigh Webber 20 Jun 2018
    by Ashleigh Webber 20 Jun 2018

    Businesses need to “think outside the box” when recruiting if they want to improve diversity across their workforces – especially...

    • 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...

    • Gender
    • Equality, diversity and inclusion
    • Latest News

    Stonewall publishes first trans-inclusive employers list

    by Rob Moss 31 Jan 2018
    by Rob Moss 31 Jan 2018

    Stonewall has published its inaugural list of the most transgender inclusive employers in the UK with three law firms, three...

    • Gender
    • Equality, diversity and inclusion
    • 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
    • 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...

    • Equality, diversity and inclusion
    • Military
    • Disability

    Personnel Today Awards 2015: HMRC shines in Diversity and Inclusion

    by Clare Allerton 3 Dec 2015
    by Clare Allerton 3 Dec 2015

    HMRC impressed the judges and received the Award for Diversity and Inclusion at the Personnel Today Awards 2015. Here we...

    • Tribunal Watch
    • Reasonable adjustments
    • Alcohol and drug misuse

    Tribunal watch: Unfair dismissal for smelling of alcohol at work

    by Stephen Simpson 8 Jun 2015
    by Stephen Simpson 8 Jun 2015

    An employment tribunal has held that an NHS worker was unfairly dismissed after a colleague reported him for smelling of...

    • Equality, diversity and inclusion
    • Disability
    • Family-friendly working

    Personnel Today Awards 2014 winners: GE Capital receive diversity award

    by Jo Faragher 10 Dec 2014
    by Jo Faragher 10 Dec 2014

    By improving gender diversity in a male-dominated sector, GE Capital were worthy winners of the Award for Diversity and Inclusion,...

    • Tribunal Watch
    • Employment tribunals
    • Sexual orientation

    Tribunal watch: Gay man greeted with “hello darling” and limp wrist gesture

    by Stephen Simpson 14 Apr 2014
    by Stephen Simpson 14 Apr 2014

    An employment tribunal ordered an employer to pay £2,000 after finding that a manager’s comments about the claimant’s sexuality, including...

    • Case law
    • Equality, diversity and inclusion
    • Marriage and civil partnership discrimination

    Court of Appeal finds B&B’s refusal to accommodate gay couple to be unlawful

    by Kate Hodgkiss 9 Oct 2013
    by Kate Hodgkiss 9 Oct 2013

    In DLA Piper’s case of the week, the Court of Appeal upheld a decision that a B&B owner’s refusal to...

    • 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...

    • Employment law
    • Equality, diversity and inclusion
    • Discipline

    Weekly dilemma: Romantic relationships at work

    by Personnel Today 30 Mar 2011
    by Personnel Today 30 Mar 2011

    It has come to my attention that two of my employees may be having a romantic relationship. What should I...

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