Pride Month is a time to celebrate progress, but for many LGBTQIA+ people, the workplace still doesn’t feel like a safe or equal space. Being treated unfairly at work because of your sexual orientation or gender identity is not something you should have to put up with. Knowing your rights is the first step to doing something about it.
What does the law say?
The Equality Act 2010 protects employees from discrimination based on sexual orientation and gender reassignment. These are two of nine legally recognised “protected characteristics”, which means your employer has a legal duty not to treat you less favourably because of them.
This protection applies whether you are gay, lesbian, bisexual, or trans, and it covers you from the moment you apply for a job, right through to when you leave.
What counts as discrimination?
LGBT+ discrimination at work takes many forms. Some are obvious; some are harder to spot. Under the Equality Act, discrimination can be:
- Direct discrimination: being treated worse than a colleague because of your sexual orientation or gender identity. For example, being passed over for promotion because your manager is uncomfortable with your relationship.
- Indirect discrimination: a workplace policy that applies to everyone but puts LGBTQIA+ employees at a particular disadvantage. For example, a dress code that doesn’t allow for gender expression.
- Harassment: unwanted behaviour related to your sexual orientation or gender identity that creates a hostile or humiliating environment. This includes offensive jokes, comments, or being deliberately misgendered.
- Victimisation: being treated badly because you raised a complaint or supported a colleague who did.
What about behaviour outside work?
Your employer can still be held responsible for discrimination that happens in work-related settings, such as team socials, work trips, or group chats, even if it takes place outside the office.
What should you do if you’re being discriminated against?
If you’re experiencing discrimination at work, there are practical steps you can take:
- Keep a record
Write down dates, times, what was said or done, and who witnessed it. This will be important if you decide to take things further.
- Check your employer’s policies
Most organisations have a grievance procedure and an equality or dignity at work policy. Familiarise yourself with these before raising anything formally.
- Raise a grievance
A formal complaint gives your employer the opportunity to put things right. It also creates a paper trail that can support any future claim.
- Seek legal advice
If your employer doesn’t take your complaint seriously, or if the situation is serious, speaking to an employment solicitor is worth doing sooner rather than later.
Time limits matter
Employment tribunal claims must usually be brought within three months (minus one day) of the act of discrimination. That deadline can feel a long way off when you’re in the middle of a difficult situation, but it comes around quickly. Getting advice early keeps your options open.
Pride Month and workplace rights
Pride Month is a good time to reflect on how far employment law has come, and how much further there is to go. While legal protections for LGBTQIA+ employees have strengthened significantly since the Equality Act 2010, discrimination in the workplace remains underreported. Many people don’t take action because they’re unsure whether what’s happening to them counts, or because they’re worried about the consequences of speaking up. If something doesn’t feel right at work, it’s worth getting advice.
Get In Touch
At Slater Heelis, our employment solicitors advise employees on all kinds of workplace disputes, including those involving discrimination. We’ll listen to your situation, explain your options honestly, and help you decide what to do next.
Sylviane Kokouendo is an Associate Partner in our Employment Law team.
For further information on the above subject, please contact Sylviane or another member of the team on 0330 111 3131 or via our contact form.
