The Equality Act of 2010 states that it is illegal to discriminate against employees because of their sexual orientation. This is defined as the orientation towards people of the same sex, opposite sex or both.
There are 3 kinds of sexual orientation discrimination. These are:
Direct discrimination
This is where for a reason relating to your sexual orientation, you are subjected to less favourable treatment than someone else of a different sexual orientation. Examples of less favourable treatment include being bullied or harassed.
Indirect discrimination
Is where a criteria, provision or practice disadvantages people of a particular sexual orientation, and the individual concerned, unless the practice can be objectively justified. The legislation defines justifiable as where an action is a proportional means of achieving a legitimate aim.
Victimisation
This is where you are victimised because you have raised an issue of unlawful discrimination to your employer or to the employment tribunal. An example would be if you complained to your employer that you have been bullied on the grounds of your sexual orientation and as a consequence your employer dismisses or demotes you.
If you consider you have been subjected to sexual orientation discrimination, please contact our specialist employment law team on 0161 834 2623 for a no-obligation, free of charge discussion.