LGBTQ+ Employees Need More Support to Tackle Abuse at Work

Several studies, including one by the Trades Union Congress (TUC), indicate that LGBTQ+ employees are being failed by their employers. Of those affected, many have cited incidents of job discrimination and victimisation in the workplace. Join us as we delve into the issue and examine what employers can do to protect such employees from being discriminated at work.

If you have any queries or believe you’ve faced employment discrimination, please don’t hesitate to get in touch. Redmans Solicitors are employment law experts, and following a quick chat, we can provide specialist advice to help resolve your problem.

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Hidden Struggles of LGBTQ+ Employees Revealed by TUC Poll

A recent TUC poll was undertaken to help understand the barriers LGBTQ+ employees experience. Worryingly, the study revealed that over 50% of such individuals had faced workplace harassment or bullying in the last half-decade.

19% fell victim to verbal abuse, while 28% had heard homophobic, biphobic or transphobic remarks within their vicinity. What’s more, 5% had experienced intimidation, threats or even physical violence, and sadly, regardless of the discrimination faced, young employees were the most affected.

Unfortunately, the TUC poll learned of the damaging impacts these experiences were having on LGBTQ+ workers. Of those who’d experienced bullying, 38% claimed it had impacted their mental health, leading to anxiety, heightened stress or depression. Furthermore, 34% explained how such misconduct had caused them to lose their confidence, while 6% said being discriminated at work left them no choice but to resign.

One might think that, with so many LGBTQ+ employees facing job discrimination, the number of reports would be substantial. However, the study also found that only 16% of affected individuals had made a report. 

To make matters worse, even if someone did report misconduct, 20% claimed their report was ignored, and 12% stated their grievance wasn’t believed. As such, in addition to the concerningly high volume of incidents faced by those in the LGBTQ+ community, an issue with how employers deal with said incidents must be resolved.

Paul Nowak, the TUC’s general secretary, stated, “This new report shines a light on the extent of discrimination LGBT+ workers face in our workplaces. He added, “Workplace culture clearly needs to change… employers must adopt a zero-tolerance approach to all forms of bullying, harassment and discrimination”.

The Toll of Gender and Sexuality Bias

The TUC poll isn’t the only study that’s spotlighted the employment discrimination LGBTQ+ employees currently face, though. Research from Randstad found that 38% of such individuals believed that their gender or sexuality had impacted their pay.

What’s more, 27% alleged that the discrimination had worsened over the last five years. This could explain why 39% felt more isolated at work in the same period.

Like with the TUC’s findings, some respondents explained how the discrimination had influenced them to resign. However, Randstad’s study also revealed that 41% were concerned that such discrimination could affect their career prospects. 

Therefore, the discrimination LGBTQ+ employees face is concerning on multiple fronts. Not only does it affect individuals physically and mentally, but it also influences workers to resign and provides them with doubts about their future. No one should be made to feel this way, and as Paul Nowak stated, workplace cultures clearly need to change.

Recognising Workplace Harassment

Before employers can offer LGBTQ+ employees the necessary support, they must know what to look out for. Workplace harassment can present itself in several ways, and companies must have a keen eye regardless of how it occurs.

As mentioned in the TUC poll, individuals in the LGBTQ+ community have fallen victim to verbal and physical abuse. However, workplace harassment could also present itself as:

  • Misgendering – When colleagues intentionally use the wrong name or pronouns for a transgender individual.
  • Exclusion – Where a person is deliberately excluded from work-related activities or social events because of their gender identity or sexual orientation.
  • Cyber Bullying – When an individual is harassed online, via social media, emails or another digital platform, again because of their gender identity or sexual orientation.

Safeguarding LGBTQ+ Employees – Tips for Employers

The Equality Act 2010 protects individuals in the UK from discrimination based on their protected characteristics. Sexual orientation and gender reassignment are two such characteristics that an individual mustn’t experience less favourable treatment because of.

As such, employers in the UK are legally obligated to protect LGBTQ+ employees from discrimination at work. Among other things, this could include:

  • An Inclusive Approach – Employers should create safe spaces, promote inclusive language, and regularly chat with members of the LGBTQ+ community about how they can be supportive. This may involve celebrating events like Pride and being an ally to the community.
  • Anti-Discrimination Policies – Employers must implement clear policies prohibiting discrimination, setting out staff expectations and what to do if an incident occurs.
  • Training – The workforce should receive training to understand what constitutes discrimination and the consequences of associated misconduct. They should also be trained on reporting incidents and what to do if one is reported.
  • Grievance Procedures – Employers should have clear and easily accessible reporting procedures. When utilised, said procedures must be fair and prompt.
  • Taking Action – Employers must appropriately act against anyone found to be in breach of their harassment policies. Depending on the gravity of the offence, this might include disciplinary action or dismissal.

I Feel Discriminated at Work – What Should I Do?

As discussed earlier, LGBTQ+ employees are protected against discrimination and victimisation in the workplace. Therefore, if an employee experiences such misconduct, they may be able to bring an unfair treatment at work lawsuit.

However, before an employee proceeds with legal action, they should consider their circumstances. Sometimes, an informal chat with one’s employer can resolve the matter quickly, thus avoiding the potential stresses and costs of court.

Even if this isn’t possible, raising a formal grievance could be the best option. Again, this would avoid the stresses associated with legal proceedings and could provide a quicker resolution. Many employers have procedures for raising formal complaints, so it’s advisable to check if they do. Once a formal grievance has been raised, the employer will have legal requirements to follow.

Should the matter remain unresolved after attempting the above, now would be the time to consider a lawsuit. ACAS early conciliation would need to be undertaken first, but once complete, those eligible could pursue a remedy in the employment tribunal.

If you have any questions or want help with your unfair treatment at work lawsuit, contact Redmans Solicitors without delay. As employment law professionals, we can provide specialist advice and help you navigate legal proceedings.

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