As a result of many years of campaigning by LGBTQ+ organisations and Trade Unions, LGBTQ+ workers now enjoy the same rights at work as their heterosexual and cisgender colleagues. Under the Equality Act 2010 it unlawful for employers to discriminate against someone or harass them for reasons relating to their sexual orientation and/or gender identity.

Who is covered by the law?

Sexual Orientation

The law protects everyone from discrimination on the grounds of their sexual orientation so it applies to heterosexual workers as well as those with non-heterosexual orientations. However, employment tribunal statistics show that it is overwhelmingly non-heterosexual people who experience unfair treatment and harassment because of their sexual orientation.

Gender Identity

The law also means that non-cisgender members are fully protected from discrimination. The law makes it clear that a transgender person does not have to undergo any medical procedures to be protected.

What does the Law say?

The Equality Act 2010 means an employer cannot:

  • Refuse to employ someone or decide to dismiss someone because they are LGBTQ+.

  • Refuse access to training or promotion because of someone’s sexual orientation or gender identity.

  • Deny LGBTQ+ workers goods, facilities and services they offer to heterosexual, cisgender workers. This would include access to insurance schemes, travel concessions, or social events.

  • Give an unfair reference when someone leaves employment because of being LGBTQ+.

  • Victimise someone by treating them less favourably if they have complained about alleged discrimination or given evidence in such a case.

  • Discriminate indirectly. This happens when an employer applies a rule or has a policy or a practice that applies to everyone but one group of workers (such as LGBTQ+ workers) cannot meet so easily.

    • However, remember the law allows employers to ‘defend’ a claim of ‘indirect discrimination’ where they can show they had very good reasons for it and it was in pursuit of a legitimate aim.

  • Discriminate against someone because they ‘associate’ with an LGBTQ+ worker.

  • Discriminate against someone because they are ‘perceived’ to be LGBTQ+ even though they aren’t.

  • Deny LGBTQ+ workers benefits or pay offered to heterosexual, cisgender colleagues. This includes overtime rates and allowances, travel allowances as well as access to pension schemes and benefits under pension schemes.

    • However, there are some exceptions to this rule. For example, employers can restrict benefits to married workers, on the condition that workers in a same sex civil partnership or marriage also have equal access to the same benefit.

Harassment

Harassment is one of the biggest problems LGBTQ+ people face in the workplace. The Equality Act 2010 makes it clear that harassment, including so called ‘jokes’, is unlawful. Employers must deal with any incidents quickly and effectively and take reasonable steps to prevent any such incidents from arising in the first place.

It is important to remember that the offensive remarks or behaviour don’t have to be aimed at an LGBTQ+ person for it to be harassment, as long as the remarks or behaviour are related to sexual orientation or gender reassignment

Information taken from : http://www.usdaw.org.uk