Sexual Orientation
Sexual orientation is a protected characteristic under Section 12 of the Equality Act 2010, ensuring individuals are not discriminated against based on their sexual orientation, whether they are heterosexual, homosexual, or bisexual. This protection applies in employment, education, and access to goods and services, requiring employers to promote equality and prevent discrimination in the workplace.
| Key Employee Rights | What Employers Must Do |
|---|---|
| Protection from direct discrimination (e.g. being refused a promotion due to sexual orientation) | Ensure fair workplace policies that do not disadvantage LGBTQ+ employees |
| Protection from indirect discrimination (e.g. policies that disproportionately affect LGBTQ+ employees) | Create an inclusive work environment where all employees feel safe and valued |
| Protection from harassment (e.g. homophobic or biphobic comments, jokes, or workplace exclusion) | Implement a zero-tolerance policy for homophobic, biphobic, and transphobic harassment. |
| Right to equal opportunities in recruitment, promotions, and pay | Provide equal benefits for same-sex couples, including parental leave and healthcare benefits |
| Protection from victimisation for raising concerns about discrimination |
Key Legal Concepts
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Occurs when an individual is treated unfairly because of their sexual orientation.
Example: Denying a same-sex couple the same employee benefits given to heterosexual couples.
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Occurs when a policy or practice disadvantages LGBTQ+ individuals.
Example: A workplace "family-friendly" social event that only invites employees and their opposite-sex spouses, excluding same-sex partners.
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Harassment: Unwanted behaviour related to sexual orientation (e.g., derogatory remarks about being gay or bisexual).
Victimisation: Retaliation against an employee for raising concerns about discrimination.
Case Law
Bull & Bull v Hall & Preddy (2013)
Key Facts:
A same-sex couple was denied a double room at a B&B owned by Christian proprietors.
The UK Supreme Court ruled that refusing service due to sexual orientation was unlawful discrimination.
Significance:
Reinforced that businesses cannot use religious beliefs to justify discrimination against LGBTQ+ individuals.
What’s Protected and What Isn’t?
| Protected | Unprotected |
|---|---|
| Hiring or promoting based on sexual orientation | Employers requiring specific skills or qualifications, not related to orientation |
| Providing different benefits for same-sex couples | Religious organisations may be exempt in certain circumstances |
| Harassment based on sexual orientation | Employees expressing personal beliefs, as long as they do not discriminate |
How Employers Can Support LGBTQ+ Inclusion
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Educate staff on LGBTQ+ rights and workplace inclusion.
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Ensure family leave, healthcare benefits, and social events are inclusive of same-sex couples.
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Prevent homophobic, biphobic, and transphobic bullying.
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Support LGBTQ+ employee groups and encourage allyship.
“Employers should create a safe, inclusive, and legally compliant workplace where sexual orientation does not impact career opportunities, pay, or workplace treatment.”