Under the Equality Act 2010 individuals must not be discriminated against at work because of their sexual orientation. If you believe you are being treated unfairly or being disadvantaged because of your sexual orientation, you may be able to make a claim.
Facing discrimination at work is stressful and upsetting. Our specialist discrimination lawyers understand this and aim to alleviate these burdens. We understand that your situation is unique, which is why we will take the time to learn the details of your case so we can provide you with the best advice and support.
If you feel you may have been discriminated against at work, why not complete our discrimination questionnaire and we will contact you to discuss further.
Sexual orientation is a person’s sexual preference towards persons of the same sex, opposite sex or of either sex.
Sexual orientation discrimination occurs when someone is treated unfairly either because of, or for a reason related to, their sexual orientation. The less favourable treatment could be a single act, a series of acts or arise as a result of a rule or policy that has a disproportionate impact on those of a certain sexual orientation. It does not have to be intentional to be unlawful.
The Equality Act 2010 covers all “employment” and applies to apprentices, workers, employees and applicants for work. Ex-employees/workers are also protected from discrimination by a former employer.
The organisation concerned is generally liable for acts of discrimination; however, individuals may also be personally liable.
Where a Tribunal finds that a claim is well founded, it can order the employer to pay compensation for financial losses, injury to feelings, personal injury damages and, in extreme cases, aggravated damages. Injury to feelings compensation is awarded according to the severity of the discrimination and the extent of hurt feelings and is separated into lower, middle and higher bands.
The Tribunal can also recommend that the employer takes specified steps to remove or reduce the adverse effects of the discrimination on the Claimant (a “recommendation”).
If you think you have been discriminated against, you might be entitled to compensation but the appropriate value can be difficult to assess.
Establishing that discrimination occurred is not straightforward. Sufficient evidence must be provided to enable a tribunal to conclude it is more likely than not that you were discriminated against by the employer.
There will need to be some factual basis upon which the tribunal can make its findings. It therefore helps if you can produce relevant letters or documents that evidence the discrimination or tend to show that it was likely to have occurred. It is also useful to make a note of the key incidents and the dates on which they took place and where discriminatory comments have been made, the precise words used.
This occurs when an employer treats a worker less favourably than they treat others because of their sexual orientation. It is therefore necessary to identify a comparator.
This type of discrimination cannot be justified under any circumstances.
This arises when an employer applies a “provision, criterion or practice” (such as a policy) which is not intended to treat anyone less favourably, but which in practice has the effect of disadvantaging people of a particular sexual orientation.
An employer must not have selection criteria, policies, employment rules or any other practices that, whilst apparently natural on the face of them, have the effect of disadvantaging employees or job applicants of a particular sexual orientation.
Employers can only defend indirect discrimination if they can justify the provision, criterion or practice as a proportionate means of achieving a legitimate aim.
A person harasses another if they engage in unwanted conduct related to sexual orientation with the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Examples include comments made about sexual orientation, which offend you or make you feel humiliated.
Some workers may be deterred from exercising their rights under the Act or from supporting others who wish to exercise their rights because they fear they will be victimised by their employer.
The Act, in summary, protects workers who make a complaint of discrimination from being treated badly (subjected to a detriment) because they have complained.
If you feel you have been discriminated against, you can bring a claim to an employment tribunal. Claims must be brought within three months (less one day) of the date of the act complained about, subject to any extension of time granted by correct use of ACAS Early Conciliation.
Where discrimination has occurred over a period of time, the claim can be brought within three months (less one day) of the date of the last act in a series of interconnected, linked acts, subject to any extension of time granted by correct use of ACAS Early Conciliation.
If you wish to bring a claim against your employer, it is important to note that in most cases you must submit a written grievance to your employer complaining of the discrimination. A failure to do so could result in any compensation being reduced by up to 25%. However, the grievance process has no impact on the time limits unless further acts of discrimination occur.
Our Employment Rights team has a longstanding reputation for helping clients with a variety of employment law claims, including discrimination.
We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solutions to support you.
As a Yorkshire-based firm, you can benefit from our competitive rates. We believe in representing people, not large organisations, which is why we aim to provide expert advice, personable service, and excellent value for money.
All our services can be provided at your convenience either in-person, over the phone or by email or post. So, it doesn’t matter where you live, we’ll always be here to support you.
Want more information? Contact a member of our team today.
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