In 2007 the Government introduced new Legislation to protect Lesbian, Gay, Bisexual and Transgender people from discrimination.

Key Points:
There are 10 illegal grounds of discrimination and harassment which are:-

Age
Being a Civil Partner
Being Disabled
Being Married,
Gender Reassignment
Pregnancy and Maternity Leave
Race, Including ethnic and national origins, colour, nationality
Religion of Belief
Sex
Sexual Orientation


The Employment Equality (Sexual Orientation) Regulations 2003 were introduced by the Government to combat discrimination in the work place. This regulation now makes it illegal to discriminate against a person on grounds of sexual orientation or ‘perceived’ orientation.
Discrimination can come in many forms, these are different types of discrimination

Direct Discrimination
This means less favourable treatment of a person because of their sexual orientation. This is unlawful whether it is intentional or not.
An Example would be where a person is fired for being Gay, Lesbian or Bisexual.

Indirect Discrimination
This covers policies, criteria, provisions and practice that place people of a particular sexual orientation at a disadvantage. This is unlawful whether intentional or not
An example would be an employer providing benefits to married couples. This would exclude Civil Partnerships and therefore be indirect discrimination.

Harassment.
This is unwanted conduct which violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment . Harassment also covers treatment which is subtle examples such as name calling, tormenting and gossiping.
For example, if A calls B ‘Queer’ but A does not think this word is offensive or that A was ‘just having a laugh’. This treatment is offensive because it is an act of harassment because B perceives this as offensive behaviour. The Important part here is how B felt in the situation. If B felt degraded or offended by the treatment then how A intended the comment to be received it is irrelevant because B was offended by the act.

Harassment can cover the individual’s sexual orientation or the orientation of friends, family or associates. The victim’s perception of the effect of the behaviour is important. Harassment is unlawful.

‘Intimidation’ can come in many forms:
1. Actual Physical Assault
2. Physical Threat
3. Verbal Abuse
4. Emotional Manipulation
5. Purposeful Embarrassment

Victimisation
This is where a person is treated detrimentally because they have complained about discrimination or harassment or have given evidence relating to a complaint about discrimination or harassment. This is unlawful.
An Example would be where a gay man (lesbian or bisexual) has made a complaint of discrimination and is then treated less favourably as a result.



It is important to note that there are some areas where discrimination will be lawful. Discrimination for purpose of organised religion is lawful for example where the religion’s doctrine dictates. However Religious organisations such as faith schools cannot discriminate against employees on grounds of sexual orientation.
A further example where discrimination could be lawful is if there is a necessity to safeguard national security however this is unlikely to arise.

The Equality Act (Sexual Orientation) Regulations 2007 were introduce to make it unlawful to discriminate against lesbian, gay, bisexual people in the provision of goods, facilities, services, education and public functions.
For example, it is illegal to be refused a double room at a Bed and Breakfast if you are a gay couple.

‘Outing’ Someone In The Work Place

‘Outing’ someone means to reveal a persons sexual orientation without their permission.

A person’s sexual orientation is private and personal information more importantly this is confidential information. Outing someone without their clear permission is a breach of that person’s privacy. This may constitute harassment and/or breach of the Data Protection Act . ACAS has issued guidance on this for employers and employees, see link for details:-
ACAS Guideance: Sexual Orientation and the Work Place (Rule 3.8)

What to do if you think you’ve been discriminated against at work.

There are two different procedures to follow depending on when you were discriminated against.

1. If you were discriminated against Before 6th April 2009
2. If you were discriminated against After 6th April 2009

Before 6th April 2009

If you feel you have been discriminated against and you have a genuine complaint you must make a grievance with your employer. This is a formal, professional way of handling your complaint. Every company has a grievance procedure to protect employees and employers. You will need to find out the company policy for raising a grievance. All companies have grievance procedures; you may have been given details of all policies during your induction into the company. The policy will advise you how to make a grievance, who to make the grievance to and how long you have to make the grievance. It is important to follow the company grievance procedure. Once you have raised your grievance following the correct procedure if you feel the grievance has not been dealt with properly you may wish to appeal the decision, if you are unhappy with the appeal you may wish to make a claim at an employment tribunal. You can only make a complaint to an employment tribunal once you have followed the company grievance procedure.

It is important to note that you should not be dismissed for raising a genuine grievance. Furthermore, you should not suffer less favourable treatment for making a grievance.

The Process:

1.You can make an Informal grievance.
This is less stressful than making a formal grievance.
a. Raise you grievance with a senior member of staff who you feel comfortable talking to. This person should have the authority to deal with your grievance for example a Line Manager
b. Don’t raise your grievance to the person who has discriminated against you.
c. After raising your grievance make notes of what was said, and what will be done. Ensure to note time and date.

2. Raising a Formal grievance.
You must follow a 3 stage process

1. Put your grievance in writing

2. Attend a meeting.
Your company should respond to your grievance within 28 days and invite you to attend a meeting.

3. Appeal
If you are not happy with the decision you can appeal.

If you feel the employer has not solved your problem you may wish to consider making a claim to an employment tribunal.

For more information, guidance or support please feel free to contact the LGBT Excellence Centre

After 6th April 2009

You must follow the grievance procedure. The Grievance Procedure should be in line with ACAS (Advisory, Conciliation and Arbitration Service) Code of Practice. The ACAS codes states what is expect of the employer and employee to resolve the grievance.

Firstly, try to raise the grievance informally. If this is not successful you can then make a formal grievance in line with the Grievance Procedure.

To make a formal grievance write a letter stating the details your grievance. Your grievance should be addressed to a person of authority who can deal with the grievance and not the person who the grievance is about.

Once the employer had received the grievance they will then arrange a meeting with you. You should make every effort to attend the meeting. You can have someone attend the meeting with you (a colleague, a Trade Union Representative or an official employed by a trade union). You will have the opportunity to explain your grievance and how you wish the employer to resolve the grievance. The employer may need time to make investigations.

If the grievance is not resolved you can take the matter further by appealing the decision. The appeal will be dealt with by a Manager not previously involved in the grievance.


For more information, guidance or support please feel free to contact the LGBT Excellence Centre

Use the following link for Parental Rights @ Work


Disclaimer
*This is information does not constitute legal advice