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Discrimination on basis of Sexual Orientation

The Employment Equality (Sexual Orientation) Regulations 2003 outlaw in the employment field discrimination on the basis of sexual orientation. They specifically prohibit victimization and harassment as well as other forms of such discrimination in employment and vocational training.

The first successful claim of which Lawson-West LLP is aware was in the Stratford East Employment Tribunal in January 2005 in which a Mr. Whitfield was awarded £35,000.00 after being subjected to homophobic abuse at work.

The phrase 'sexual orientation' covers preference for the opposite sex in addition to homosexual preference.

Types of discrimination on the basis of sexual orientation

Direct discrimination occurs where a person is treated less favourably than another on grounds on sexual orientation and is always unlawful.

Indirect discrimination occurs where a provision, criterion or practice which is applied generally puts persons of a particular sexual orientation at a disadvantage and is unlawful if it is not a proportionate means of achieving a legitimate aim.

Who is Protected?

The Regulations protect employees, contract workers, office-holders, barrister and advocates, partnerships, civil servants and members of the armed forces.

In addition to prohibiting discrimination by employers, they also prohibit discrimination by trade organizations, bodies conferring professional and trade qualifications, training providers, employment agencies and further and higher education institutions.

If you think have been discriminated against on the basis of your sexual orientation, please contact Lara Scott on 0116 212 1000 or complete the form below. Lawson-West offer a free initial consultation so it won't cost you a penny to find out if you have a claim.

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