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Know your Pink Law
Russell Jones & Walker
In the first of a regular series, a leading solicitor answers your questions
"It is illegal for an employer to decide not to give you a job or to dismiss you because you are gay, appear to be gay or have gay friends"
Russell Jones & Walker is a national firm of solicitors that has been upholding the legal rights of individuals for more than eighty years.
As partners of Stonewall, and through their work with the Terrence Higgins Trust, they are acutely aware of the specific legal issues faced by the gay community. In the first of this regular Pride Life series, a leading solicitor from Russell Jones & Walker addresses an issue relevant to the gay community today.
I believe that I am being discriminated against at work for my sexual orientation. Would you let me know what I need to do?
The law protects you from discrimination because of your sexual orientation. This means you are protected if you are gay, lesbian or bisexual.
You are also protected from discrimination based on "perceived orientation" as well. This means it is illegal for your employer to treat you less favourably because they think you are gay – whether or not you actually are. You can also be protected if you are treated badly due to your association with someone who is gay, lesbian or bisexual.
The law protects you from discrimination through the whole employment process, including recruitment, terms and conditions and dismissal. This means it is illegal for an employer to decide not to give you a job or to dismiss you because you are gay, appear to be gay or have gay friends.
You are even protected if you have left a job. For example, it would be illegal for your ex-employer to refuse to give you a reference or give you a bad reference because you are gay.
It is also illegal for an employer to have policies or practices that put you at a disadvantage compared with people of a different sexual orientation, unless they can give a good reason for it. You are also protected from harassment. This includes teasing, name-calling or other behaviour you find upsetting, regardless of the other person's intention.
It is also illegal to treat you less favourably because you have made a complaint about discrimination. The legal term for this is "victimisation".
So what do I do if I think I am being discriminated against?
In terms of what you need to do, firstly you have to make formal complaint to your employer by lodging a written grievance setting out how you feel you have been discriminated against.
This should be sent to your employer within three months of the discrimination. Different employers have different grievance policies and procedures, so check your employment handbook for details and make sure you follow the procedure carefully.
The grievance should be investigated and you should be invited to a meeting. If you are unhappy with the outcome you should be allowed to appeal the decision. Once you have completed the grievance procedure you can complain to an Employment Tribunal. Normally you have to do this within six months of the incident you are complaining about. Time limits can be tricky so it’s best to take advice.
You can ask your employer to fill in a questionnaire to get more information about your complaint. If you can show the Tribunal that your employer discriminated against you, it is then up to your employer to prove their behaviour was reasonable.
If you complaint is successful and the Tribunal agrees with your complaint, they can award compensation. There is no upper limit for the amount you might get. The Tribunal can also order your employer to give you your old job back or give you a new job.
For a free initial consultation with Russell Jones & Walker regarding this please fill out a short form online here and someone will get back to you with advice.
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