Sexual orientation discrimination

Sexual orientation and discrimination

It is unlawful to discriminate at work because of sexual orientation. Sexual orientation is attraction to people of the same sex (lesbian or gay), the opposite sex (heterosexual or straight) or people of either sex (bisexual).

Less favourable treatment can also occur on the basis of perceived sexual orientation, or where an individual associates with someone of a particular sexual orientation.

The law protects everyone, but it is lesbian, gay and bisexual workers who are most likely to face this type of prejudice and discrimination.

Eliminating discrimination at work ensures everyone has equal opportunities and a fair chance to develop their skills, and is treated with dignity and respect.

In Northern Ireland, similar protection is provided in the Employment Equality (Sexual Orientation) Regulations (NI) 2003. Protection is on the grounds of actual or perceived sexual orientation. 

What counts as harassment?

The most common form of sexual orientation discrimination is harassment, such as prejudiced comments or abuse, exclusion or over-supervision. This includes actions such as homophobic comments made to you, even if you are not and are not perceived to be homosexual. 

Sexual orientation harassment at work occurs when someone engages in unwanted conduct related to sexual orientation which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. You may be being harassed if you are:

• humiliated;
• subjected to unwanted comments;
• ignored;
• excluded.

A lot of people put up with harassment, hoping it will go away. But it usually won’t stop until someone takes action.

Complaints can be made under the Equality Act, or the Northern Ireland regulations, if you are being harassed or otherwise treated less favourably because of sexual orientation.

If you are forced to resign, you may also be able to make a constructive dismissal claim which can itself amount to an act of discrimination. However, you should always try and seek advice before resigning. 

Legal protection from discrimination

The Equality Act and the Northern Ireland regulations protect all employees from discrimination at work because of sexual orientation.

It covers all types of employment and workers, including apprentices, those working under contract and the self-employed.

The act and the regulations cover discrimination at work and make it unlawful:

• for employers to have a rule, policy or practice that, for example, lesbian or gay workers would be less likely to be able to fulfil than heterosexual workers;
• to treat a worker less favourably because of their sexual orientation, their perceived sexual orientation or because they associate with someone of a particular sexual orientation.

Employers should have a policy that prevents discrimination in recruitment, pay, training, selection for promotion, disciplinary actions or grievances.

The ‘public sector equality duty’ requires public-sector organisations to have due regard to the need to eliminate discrimination and promote equality and good relations in the workplace. Find out more about public-sector equality duty. 

In Northern Ireland, section 75 of the Northern Ireland Act requires public authorities to have due regard to the need to promote equality of opportunity between persons of different sexual orientations. 

Legal disclaimer 

The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland. 

While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.