Protecting LGBTQ+ Rights in the Workplace

Pride Month is a time to celebrate diversity, honour the LGBTQ+ community, and reflect on the progress made toward equality. However, it also serves as a timely reminder that legal and cultural work still needs to be done, particularly in the workplace.

As employment lawyers, we regularly advise clients on navigating the Equality Act 2010 and the protection it affords against discrimination. Sexual orientation is one of the nine protected characteristics under the Act, yet individuals still face both overt and subtle forms of discrimination — from exclusionary workplace cultures to more explicit forms of bias. In this article, we explore what the law says, how employers can stay compliant, and what practical steps an organisation can take to foster truly inclusive working environments.

Legal Framework

The Act forms the foundation of anti-discrimination law in the UK, which seeks to protect individuals from various forms of discriminatory treatment based on nine ‘protected characteristics’, one of which is sexual orientation.

The Protected Characteristic – Sexual Orientation

Sexual orientation is defined under the Act as a person’s sexual orientation towards:

1. Persons of the same sex;
2. Persons of the opposite sex; or
3. Persons of either sex.

The Act protects all sexual orientations and applies not only to employees, but also to job applicants, workers, apprentices, shareholders, and certain self-employed individuals.

Sexual orientation discrimination does not require someone to actually have or be the sexual orientation that they are believed to have. The Act also protects people from discrimination based on:

• Perception: Believing someone has a particular sexual orientation, even if they do not.
• Association: Being connected to someone who is a particular sexual orientation, such as a colleague, friend, or family member.

Types of Discrimination

1. Direct Discrimination: Occurs when someone is treated less favourably because of their sexual orientation. For example, refusing a promotion to an employee because they have a same-sex partner.
2. Indirect Discrimination: Happens when a policy or practice disadvantages people of a particular sexual orientation. For example, holding work events at venues unwelcoming to LGBTQ+ patrons. Employers can defend this if they show the action was a proportionate means of achieving a legitimate aim.
3. Harassment: Unwanted conduct related to sexual orientation that creates an offensive, intimidating, or degrading environment. This can include jokes, comments, or threats of violence.
4. Victimisation: When someone is treated unfairly for making or supporting a complaint under the Act. For example, being denied opportunities for backing a colleague’s grievance about homophobic bullying.

Employer Responsibilities

Employers have a legal duty to prevent discrimination and can be held responsible for their employees’ actions unless they can prove they took all reasonable steps to prevent it. Reasonable steps may include:

• Implementing strong anti-discrimination and equal opportunities policies.
• Conducting regular equality, diversity, and inclusion (EDI) training.
• Training managers on how to handle complaints.
• Promoting an inclusive and respectful workplace culture.

Common Issues and Practical Challenges

Even with policies in place, LGBTQ+ employees often face challenges that may not meet the legal definition of discrimination but still affect wellbeing. These include:

• Microaggressions: Subtle, often unintended comments or behaviours that undermine someone’s identity.
• ‘Banter’ culture: Joking that targets someone’s sexual orientation can amount to harassment.
• Outing: Disclosing someone’s sexuality without consent, even with good intentions, may cause significant distress and be considered harassment.

Fostering a Culture of Allyship and Inclusion

Legal compliance is just the starting point. Creating a truly inclusive environment means going further. Employers can:

• Celebrate Pride Month meaningfully, not performatively.
• Highlight LGBTQ+ voices in the workplace.
• Support employee networks and mentorship programmes.
• Encourage inclusive language and behaviours.
• Review policies with input from LGBTQ+ staff.
• Make training continuous and applicable to all staff, including leadership.

What Does This Mean for You and Your Business?

Understanding your rights under the Act is key to feeling safe and respected at work. LGBTQ+ employees — or those perceived to be — are protected in all aspects of employment, from recruitment to day-to-day interactions.

If you experience or witness discrimination or harassment, you can raise it formally or informally. Your employer has a legal duty to take concerns seriously and prevent further harm.

Pride Month is a time for reflection, education, and action. While legal protections are essential, true progress also requires culture change. Organisations that promote inclusion year-round benefit from stronger legal compliance, more engaged staff, and safer, more productive workplaces.

If you would like any further guidance on how your business can be legally compliant with sexual orientation discrimination, or advice on how to support your employees, please contact our Employment Law team on 01604 936512 / 01908 953674 or email [email protected].