Prevent discrimination and value diversity

Discrimination on the grounds of sexual orientation

Discrimination against an employee or job candidate on the grounds of their sexual orientation became unlawful from December 2003.

The Sexual Orientation Regulations apply to discrimination on grounds of orientation towards persons of the same sex (lesbians or gays), the opposite sex (heterosexuals) and the same and opposite sex (bisexuals). They cover discrimination on grounds of perceived as well as actual sexual orientation and the sexual orientation of someone with whom the person associates.

As with other forms of discrimination, the new legislation recognises both direct and indirect discrimination on the grounds of sexual orientation. From 5 December 2005, this definition has been extended to include civil partner employees – ie a partner in a same-sex couple that has registered their relationship under the Civil Partnership Act 2004. Download a guide on the rights of civil partners from the Women and Equality Unit website (PDF) .

Direct discrimination may occur in areas such as recruitment, selection, training, promotion, selection for redundancy or dismissal when someone is treated less favourably than another because they are - or are thought to be - lesbian, gay, bisexual or heterosexual.

Indirect discrimination occurs when an employer applies a provision, criterion or practice which disadvantages people of a particular sexual orientation and which cannot be justified. From 5 December 2005, indirect discrimination could also occur where a civil partner is treated less favourably than a married employee on a range of employment rights and employee benefits including the right to:

• make a request for flexible working
• statutory paternity leave and pay for a newborn child or newly adopted child
• vocational training
• access to a benefit that is given to a married employee – such as a pension or private health care

The regulations also outlaw:

• harassment - unwanted conduct that violates people's dignity or creates an intimidating or offensive atmosphere
• victimisation - treating people less favourably because of something they have done under or in connection with the regulations, eg made a formal complaint of discrimination or given evidence in a tribunal case

There are no length-of-service or age requirements in bringing a claim and where the claimant is an employee, they do not need to have left your employment.

Subjects covered in this guide

• Introduction
• Discrimination in recruitment and induction
• Sex discrimination
• Age discrimination
• Discrimination against disabled people
• Discrimination on the grounds of race
• Discrimination on the grounds of religion or belief
• Discrimination on the grounds of sexual orientation
• Discrimination over membership or non-membership of unions
• Discrimination in day-to-day working practices