Under section 12 (1) of the Equality Act 2010 an individual is protected from discrimination based upon their sexual orientation. If an employer or a potential employer treats you unfavourably because of your sexual orientation you could make a claim at an Employment Tribunal for sexual orientation discrimination.
What is Sexual Orientation Discrimination?
Sexual Orientation discrimination can come under one of four guises.
They are as follows;
- Direct;
- Indirect;
- Victimisation, and
- Harassment
As mentioned above, this legislation also applies to those who are applying for jobs as well as those already employed.
If after considering them you feel that you have a potential sexual orientation discrimination case then please do not hesitate to contact us on 020 3835 3940 for further advice.
Direct Discrimination:
This is when you are treated less favourably as a direct consequence of your sexual orientation compared to someone of a different sexual orientation.
For example, if a job advert states that they are looking for a husband and wife team to manage a bar then this could be viewed as direct sexual orientation discrimination as they are treating same sex couples in a less favourable fashion.
Indirect Discrimination:
This is when a provision, criterion or practice is enacted against all staff members however it puts those of a different sexual orientation at a disadvantage compared to those of other sexual orientations.
Victimisation:
This is when an employee is treated unfavourably because they have submitted a complaint about sexual orientation discrimination in the work place or have supported another employee’s claim for sexual orientation discrimination.
Harassment:
Under s.26 of the Equality Act 2010 an employee is protected from being harassed due to their sexual orientation. The definition of harassment is such that an employee is not meant to have their dignity violated or be forced to work in an intimidating, degrading, hostile, humiliating or offensive environment.
If, for example, a fellow employee is distributing posters which are discriminatory towards homosexuals then the employer is vicariously liable (i.e. they are liable as if they had themselves distributed the posters) for this mistreatment.
What Next?
If you feel that you have been suffering sexual orientation discrimination at work then please do not hesitate to contact us on 020 3835 3940 to discuss your options.