No one should have to go to work in fear or face prejudice, and everyone should feel safe just being themselves, however many Lesbian, gay, bisexual, transgender, queer or questioning, intersex, and asexual (LGBTQIA+).
Community members commonly report issues around homophobia, biphobia, transphobia, bullying, having rumours spread about them, being out’ed and more. People with intersectional characteristics for example, those who are LGBTQIA+ and have a disability, or are Black, Asian, or ethnic minority, are at an even higher risk of being subjected to acts of discrimination, which is unacceptable.
Through our equalities network of Community members and reps across the UK, we are working to address the issues and help to protect LGBTQIA+ people across UK workplaces, so that they feel safe and are accepted for who they are. This includes:
- Awareness and allyship training;
- creating inclusive workplace cultures; and
- putting policy in place that covers discrimination, harassment, and bullying.
Together, these will help promote a culture of inclusion among the workforce while ensuring everyone understands the support and protections available to them should they become a victim of discrimination for being a part of the LGBTQIA+ community.
This guidance goes over the different types of discrimination that LGBTQIA+ that workers often experience, what to do when it does, your rights, and how to effectively tackle bias and discrimination when you see it in your workplace.
Sexual orientation discrimination and gender reassignment discrimination are illegal in the UK and are protected characteristics under the Equality Act 2010. It is discriminatory when someone is treated less favourably or put at a disadvantage for reasons related to their sexual orientation or because of gender reassignment.
While gender identity is not a protected characteristic, Taylor v Jaguar Land Rover Ltd was a UK employment tribunal court case in 2020 that ruled that non-binary gender and genderfluid identities fall under the protected characteristic of gender reassignment in the Equality Act 2010.
In terms of avoiding legal liability for discrimination, employers should assume that non-binary and gender fluid employees are protected under the Equality Act 2010.
Aside from the issue of liability and avoiding legal penalties, it is always in everyone’s best interest to create an inclusive working environment in which LGBTQIA+ employees feel welcome and enable the organisation to capitalise on the benefits of a diverse workforce.
It is vital to understand the different types of discrimination that LGBTQIA+ people can experience so that you know what your rights are under the Equality Act 2010. They are as follows:
- Direct discrimination– When you are treated less favourably because you are LGBTQIA+, you are associated with someone from the LGBTQIA+ community, or when someone thinks you are LGBTQIA+
- Indirect discrimination– When a practice, policy or rule applies to everyone, but puts people from LGBTQIA+ groups at a disadvantage.
- Harassment – When you experience unwanted behaviour because you are LGBTQIA+ that either violates your dignity or has created a hostile work environment
- Victimisation – When you are treated differently or less favourably because you are involved with a sexual orientation or gender reassignment or harassment complaint
Homophobia, biphobia, and transphobia
- Homophobia is a dislike of or prejudice against gay people
- Biphobia is a dislike of or prejudice against bisexual people
- Transphobia is a dislike of or prejudice against transgender people
If you are experiencing homophobia, biphobia, or transphobia at work, you are experiencing discrimination.
Your employer has a responsibility to protect LGBTQIA+ employees, workers, contractors, the self-employed and job applicants from discrimination and they must take steps to prevent it from happening.
Your employer is also responsible for the wellbeing of LGBTQIA+ employees. If an employer is unsupportive of an employee who experiences discrimination at work because of their sexual orientation or because they are planning to, or have undergone a gender reassignment, they could be in breach of their employment contract, and could even face charges for constructive dismissal.
Employers also have a duty of care to ensure that employees aren’t disadvantaged at work because they are LGBTQIA+.
Employers should take any complaints of sexual orientation or gender reassignment discrimination and any following investigations seriously.
Anyone who belongs to the LGBTQIA+ community can experience discrimination based on their sexual orientation or gender identity.
Examples of discrimination could be being harassed because of your sexual orientation or being harassed because you have had a gender reassignment.
If you experience discrimination at work because you are LGBTQIA+, this can be from anyone you encounter because of your job, including:
- Colleagues
- Your employer, manager, or anyone else who is in a position of authority at your place of work
- A member of the public like a client or customer
It is your employer’s responsibility to take steps to prevent LGBTQIA+ employees from being victims of discrimination from happening, as well as act when it does occur.
LGBTQIA+ discrimination can occur in person or online via email, social media, or messaging apps. This can occur as a one-off incident, or regularly. This can take on many forms, ranging from obvious sexual orientation or gender reassignment discrimination to less obvious interactions. The following can constitute:
- Making inappropriate comments about a person’s sexual orientation or gender reassignment
- Telling jokes which are offensive to the LGBTQIA+ community
- Putting heterosexual people ahead of LGBTQIA+ people
- Viewing LGBTQIA+ people as inferior
- Bullying someone because they’re LGBTQIA+
- Mistreating someone for coming out as LGBTQIA+
- Using homophobic, biphobic or transphobic language
- Hiring an employee over another because of their sexual orientation or gender reassignment
- Refusing to hire LGBTQIA+ people
- Enacting workplace policies that unfairly disadvantage LGBTQIA+ people
- Refusing to promote someone because of their sexual orientation or gender reassignment
- Making a worker redundant because they are LGBTQIA+
Even if the perpetrator of the discrimination considers their behaviour to be in good faith or a joke, it is still classified as LGBTQIA+ discrimination if their behaviour is:
- Of a discriminatory nature
- Unwanted
- Violating yours or someone else’s dignity or creates an intimidating or degrading environment at work
Discrimination is typically directed at an individual or group of individuals, but some workplaces can normalise a culture of LGBTQIA+ discrimination e.g., discriminatory inappropriate “banter” between colleagues. You can still make a complaint of discrimination in this situation.
If you are the target of sexual orientation or gender reassignment discrimination at work, we recommend you do the following:
- Speak to your union (us!) or your Trade Union Representative
- Make a complaint to your employer (remember, it is their legal duty to protect your wellbeing at work, and to prevent sexual orientation and gender reassignment discrimination)
- Keep a note of any instances of discrimination, including dates/times or witnesses.
- Speak up – don’t be afraid to challenge prejudice and confront LGBTQIA+ discrimination at work if you feel safe to do so
We would first advise that you speak with your Community Trade Union Representative to receive support when making a complaint about being the victim of discrimination at work.
Your employer may have their own discrimination policy to deal with any sexual orientation or gender reassignment discrimination in the workplace, so you should follow that procedure to raise a grievance.
This should be in the same place your workplace houses all your workplace policy on discrimination.
This should be somewhere easily accessible such as a staff handbook or company intranet.
It should outline how your employer deals with discrimination complaints and who to send your complaint to.
Your line manager or HR department should be able to provide you with a copy.
If you have raised a formal grievance of being the victim of discrimination because you are LGBTQIA+ or the problem has not been resolved, you can make a claim to an employment tribunal. You should inform Community immediately if you intend to do this as our legal team may be able to provide advice and support you through this process.
If you witness LGBTQIA+ discrimination at work, we will always recommend that if you feel safe to do so, speak out against it. No one should feel afraid to confront discrimination in the workplace and by speaking out, you may also encourage other employees, and your employer to contribute to a more inclusive work environment for LGBTQIA+ colleagues, and the wider LGBTQIA+ community.
If you do not feel safe to do this, speak to us for support and advice on how to do this safely.
Following an incident of LGBTQIA+ discrimination, you can:
- Support any complaints made by the victim
- Report the incident to your Community Trade Union Representative and/or employer
- Make a discrimination complaint yourself if the incident has created an intimidating or degrading environment at work
- Keep a note of any instances of discrimination, including dates/times or witnesses.
- Talk to the victim to see if they want your support
- Learn more about the issues LGBTQIA+ people experience at work with coming out, inclusion, mental health, pronouns and how to be an ally at work
- Become a Community Equalities Rep and help us fight against LGBTQIA+ discrimination across the UK
If you need help or advice, please contact us at help@community-tu.org or on 0800 389 6332.
