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The Equality Act protects job applicants and those in employment against direct and indirect discrimination, victimisation and harassment including associative someone they associate with and perceived believed to have a certain sexual orientation discrimination. Gay men, lesbians, bisexuals and heterosexuals are all caught by the definition above, albeit those who are asexual are unlikely to receive the same protection.
It is important to note that gender reassignment is a separate protected characteristic and is unrelated to sexual orientation. Discrimination can take many forms, such as bullying, exclusion, microaggressions, or stereotyping, and can affect various aspects of work.
There is no qualifying length of service required to bring a complaint of discrimination or harassment in the employment tribunal. Compensation includes both financial loss and injury to feelings which is determined by the tribunal in accordance with the Vento guidelines. Employers should therefore be mindful of the potential liability should a claim be successfully brought, as well as the detrimental impact it may have on its own workplace culture and brand reputation.
Case law examples where claims have successfully been brought against employers include refusal to employ a gay couple, a heterosexual woman being dismissed from a gay bar, dealing with grievances in a prejudicial way, conducting disciplinaries tainted by unconscious bias and name calling, impersonation and rumours.
