Sexual Orientation
Greater Manchester Pay and Employment Rights Advice Service Factsheet
On 1st December 2003 the government introduced legislation called The Employment Equality (Sexual Orientation) Regulations 2003. These regulations made it unlawful to discriminate against workers because of their sexual orientation. On 1st October 2010 the government introduced the Equality Act which made it unlawful for employers to discriminate against workers because of “protected characteristics”: sexual orientation, gender reassignment and being in a civil partnership being some of the characteristics. We are currently producing an updated version of this factsheet, contact us to request updated information when it is available.
Who is covered?
The regulations cover “workers” in the broader sense rather than just employees. They therefore cover agency workers, contract workers, and also some self-employed people. They apply to all workplaces, regardless of how many people work there.
They also protect “office holders” such as crown servants, company directors, the clergy, and judicial office holders, but they do not protect elected office holders such as local councillors. They also apply to vocational training and qualifications, to further education and higher education, and to trade unions.
What is covered?
The regulations outlaw discrimination against workers because of their sexual orientation, whether they are homosexual, heterosexual or bisexual.
They also protect workers against discrimination on the grounds of their perceived sexual orientation, ie if they are assumed to have a particular sexual orientation.
The regulations also cover discrimination against workers because of “association”, ie because of the sexual orientation of their workmates, their friends or members of their family.
The regulations outlaw direct discrimination, ie less favourable treatment of workers, on the grounds of sexual orientation. This also applies to the recruitment and selection of workers, and in relation to training and promotion.
An example of direct discrimination would be the refusal to give a pay rise to a gay worker when other members of staff were given one. An extreme example would be the dismissal of a worker for no other reason than their sexual orientation.
They also outlaw indirect discrimination, which is defined as the existence of a provision, a criterion or a practice which disadvantages workers of a particular sexual orientation and which cannot be justified as a means to achieve a legitimate aim.
The regulations also outlaw harassment of workers, on the grounds of sexual orientation. They define harassment as unwanted conduct which violates workers dignity, or which creates an intimidating, hostile, degrading, humiliating or offensive environment at work.
Victimisation of workers is also covered. This is less favourable treatment because of something a worker has done in connection with the regulations; for example if a worker has formally complained of discrimination, or if they have given evidence in support of another worker who has.
The regulations also outlaw discrimination and harassment after the employment relationship has ended. This could happen if an employer refuses to give a reference, or gives an inaccurate one, about a former worker because of their sexual orientation.
The regulations make employers responsible for all acts of discrimination in the workplace whether they know about them or not. They also stop employers instructing others to commit acts of discrimination; for example where a company tells an employment agency not to discuss their vacancies with workers who they suspect may be gay.
What do the regulations not cover?
The regulations exclude posts in organised religions which contain doctrines regarding sexual orientation.
They also exclude posts where being of a particular sexual orientation is a genuine occupational requirement, for example in an organisation which advises and supports gay men, bisexual men and women and lesbians.
The regulations do not cover discrimination against workers on the grounds of their marital status. But the Civil Partnership Act 2004 does mean that benefits offered by employers to married employees also have to be offered to employees who have entered into a Civil Partnership.
What you can do
You should first of all send your employer a grievance letter; see our factsheet on Grievances for guidance on how to do this. You can also make a complaint to the Employment Tribunal within 3 months of the act that you are complaining about. It is a good idea to take legal advice first.
Getting Help
Besides ourselves there are other organisations that can help you:
Equality & Human Rights Commission advises on all types of discrimination; call on 08456 046610 or visit the website equalityhumanrights.com.
Law Centres and Citizen Advice Bureaux (CAB): contact Community Legal Services (CLS) on 08456 081122 to find the nearest advice service to you.
CLS direct gives advice by telephone; call 08453 454345.
Trade unions: If you are a member of a trade union, they should be able to help you. If you don't belong to a union, but would like information about which one would be best for you, ring North West TUC on 0151 236 5432.
Advisory, Conciliation and Arbitration Service (ACAS): ACAS will be able to provide you with information regarding employment law; 08457 47 47 47.
This fact sheet is intended as a general guide and is not a full statement of the law. Please seek advice before taking any action.
If you need more information about pay and employment rights, contact
Greater Manchester Pay and Employment Rights Advice Service
( 0161 839 3888 phone 0161 839 3883 fax
or write to us at
4th Floor, Swan Buildings, 20 Swan Street, Manchester M4 5JW
We provide telephone advice only and cannot see people face to face
or visit our website: www.gmemploymentrights.org.uk
Greater Manchester Pay and Employment Rights Advice Service is an independent research and information body funded by all local authorities in Greater Manchester under the AGMA grants scheme.
Updated Nov 2010
