Sexual orientation equality and discrimination

What is meant by ‘sexual orientation?’

Sexual orientation describes a person’s sexual attraction to other people (or lack thereof). It is separate from their gender identity. This section on sexual orientation therefore uses the acronym LGB+, as opposed to LGBTQIA+, which refers to a wider group including people who are trans or have other gender identities.

The 2021 Census revealed that, while the vast majority of adults in England and Wales describe their sexual orientation as heterosexual or straight, 3.2 per cent identify as gay, lesbian, bisexual, or another sexual orientation LGB+.

Are LGB+ workers legally protected from discrimination?

Sexual orientation is a protected characteristic (internal link to main bite-size on equality law) under the Equality Act 2010. It is unlawful to discriminate against someone on grounds of their sexual orientation - or what someone thinks is their orientation, even if that is incorrect.

The Equality Act covers England, Wales and Scotland, while Northern Ireland has its own regulations on sexual orientation discrimination.

What things count as sexual orientation discrimination in law?

The types of employer conduct that might be considered sexual orientation discrimination under the law range from the more obvious – turning someone down for a job because of their sexual orientation – to procedures which indirectly disadvantage LGB+ people.

The most obvious form of unlawful sexual orientation discrimination is when the employer treats someone “less favourably” than they would a straight person. This is direct discrimination.

An example could be an employer failing to appoint someone because she is a lesbian, even though she has all the skills and competences required. Even if the woman did not say she was lesbian, but was thought to be and not appointed as a result, this would still count as direct discrimination.

But discrimination doesn’t have to be that obvious to be unlawful. An employer might be guilty of indirect discrimination if it has a way of operating that works to the disadvantage of individuals of a particular sexual orientation.

An employer who allows harassment of an employee because they are LGB+ (or straight) can also be guilty of unlawful discrimination under the Equality Act. Harassment includes behaviour that is intimidating, hostile, degrading, humiliating or offensive.

If an employer treats someone differently because they have previously complained about sexual orientation discrimination, they may be guilty of unlawful discrimination in the form of victimisation.

However, in very limited circumstances employers can “objectively justify” discrimination

• Equality and Human Rights Commission guidance on the law on sexual orientation discrimination

Coming out as LGB+ at work

For LGB+ workers, concealing their sexuality at work can seem easier in the face of enduring prejudiced attitudes in some quarters. However, doing so can impact on their ability to function well at work and to participate fully within the team. Ultimately it can affect their health and well-being.

The CSP expects stewards and managers to ensure that LGB+ staff who are coming out at work are supported.

The CSP's LGBTQIA+ network provides opportunities for members to share information and provide peer support.

What should CSP stewards and managers do?

Stewards have a key role in creating an inclusive culture at the workplace, in which LGB+ workers feel as comfortable as straight workers, and where possible should challenge homophobic attitudes.

Stewards should ensure that bullying and harassment policies take account of sexual orientation, are strong and are properly implemented.

They should also check that workplace policies and procedures do not indirectly discriminate against LGB+ and trans staff, especially where there is discretion in their implementation. For example, where workers are allowed some discretionary carers or bereavement leave, make sure this applies evenly to straight and LGB+ staff.