Sexual orientation discrimination

Sexual orientation discrimination in the field of employment and vocational training is unlawful under the Employment Equality (Sexual Orientation) Regulations 2003 SI 2003/1661 where there is:

• Direct discrimination where there is less favourable treatment on grounds of sexual orientation irrespective of the worker's actual sexual orientation.

• Indirect discrimination where there is a provision, criterion or practice applied equally to persons of a different sexual orientation:

• which puts or would put persons of the same sexual orientation at a particular disadvantage compared to those of a different sexual orientation;
• which puts the complainant at a disadvantage; and
• which the employer cannot show to be a proportionate means of achieving a legitimate aim.
  
  This is where a practice has the effect of disadvantaging people of a particular sexual orientation, which cannot be justified by the employer.
  
  Harassment on grounds of sexual orientation, where there is unwanted conduct that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment; the conduct will be regarded as harassment if, having regard to all the circumstances, including in particular the complainant's perception, it should reasonably be considered as having that effect.
  
  Victimisation where a worker has been treated less favourably for alleging discrimination, bringing a claim, giving evidence or taking other action under the Regulations.
  
  The Regulations protect job applicants, workers and others in relation to recruitment, employment terms, promotion, training, dismissal and any other detriment. There are some exceptions, for example, benefits dependent on marital status, and in relation to employment by a religious organisation.
  

For more information see ACAS guidance.