Types of sexual orientation discrimination

Direct discrimination

Direct discrimination occurs when someone is treated worse than others specifically because of their sexual orientation. For example, if a gay employee is passed over for promotion in favour of a less qualified colleague because of their sexuality, that would likely be direct discrimination.

Indirect discrimination

Indirect discrimination occurs when an employer applies a policy or practice that applies to everyone but puts people of a particular sexual orientation at a disadvantage. For example, a company requiring all employees to bring a partner to a work event might indirectly disadvantage LGBTQ+ staff who are not comfortable disclosing their relationships.

Harassment related to sexual orientation

Harassment involves unwanted conduct related to sexual orientation that violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. This could include homophobic jokes, comments, or assumptions made about someone’s lifestyle.

Victimisation for raising concerns

Victimisation happens when someone is treated badly because they have complained about discrimination or supported someone else who has. For example, if you raise a grievance about homophobic comments and are then sidelined at work, that could be victimisation.

Common examples of sexual orientation discrimination in the workplace

Discrimination during recruitment

Discrimination can happen before you even start a job. For instance, an employer might reject a qualified candidate after discovering they are in a same-sex relationship. This is unlawful even if the decision was based on assumptions or stereotypes.

Unequal treatment in promotions or pay

If an LGBTQ+ employee is repeatedly overlooked for career development opportunities or paid less than heterosexual colleagues doing the same work, this could indicate discrimination.

Bullying or offensive comments

Persistent jokes, name-calling, or derogatory remarks about someone’s sexual orientation can create a toxic environment. Even if the comments are framed as “banter”, they can still be unlawful harassment.

Being excluded or treated unfairly

Exclusion from workplace events, team meetings, or social activities because of sexual orientation—or the perception of it—can amount to discrimination, especially if it affects your ability to do your job or progress in your career.

What the law says – your rights at work

Protection under the Equality Act 2010

The Equality Act protects you against discrimination in all aspects of employment, including recruitment, pay, training, promotion, and dismissal. These rights apply whether you’re full-time, part-time, agency staff, or self-employed in certain situations.

When and where the law applies

Protection applies at all stages of employment, from applying for a job to post-employment references. It covers behaviour in the workplace, at work events, and even on social media if it’s connected to work.

Positive action by employers

Employers are allowed to take steps to support underrepresented or disadvantaged groups (also known as “positive discrimination”). For instance, they might run diversity training or support networks for LGBTQ+ employees. However, positive action must not result in less favourable treatment of others.

What to do if you’re facing discrimination

Keeping records of incidents

If you experience discrimination, it’s important to keep a written record. Note what happened, when, where, and who was involved. Keep copies of any messages, emails, or social media posts as evidence.

Speaking to your employer or HR

Where appropriate, try to raise the issue informally by speaking to your line manager or HR department. Some problems can be resolved quickly this way. However, if the issue is serious or persistent, you may want to make a formal complaint.

Making a formal complaint or grievance

Most employers have a grievance procedure you can follow. This usually involves putting your concerns in writing and attending a meeting to discuss them. Your employer should investigate your complaint and respond in writing.

Seeking legal advice or support

If the situation doesn’t improve, or you’re unsure about what steps to take, it’s a good idea to get advice from an employment law solicitor or a support organisation.

Taking legal action

Making a claim to an employment tribunal

If your complaint isn’t resolved internally, you may be able to make an employment tribunal claim. This is a legal process where your case will be heard by an employment judge.

Time limits for bringing a claim

There is a strict time limit of three months minus one day from the date of the last act of discrimination. You must also go through Early Conciliation with ACAS before you can lodge a tribunal claim.

Possible outcomes and compensation

If your claim is successful, the tribunal may award compensation for financial loss and injury to feelings. It can also make recommendations to your employer to improve workplace practices.

How employers should prevent discrimination

Creating an inclusive workplace

Employers have a legal and moral responsibility to promote equality. This includes fostering a workplace culture where everyone feels respected, valued, and safe.

Training and policies

All staff should receive training on equality and diversity, and there should be clear policies in place to deal with discrimination. These policies must be effectively communicated and enforced.

Dealing with complaints appropriately

Employers should take all complaints seriously, investigate them promptly, and take appropriate action. Failing to act can increase legal liability and damage staff morale.

Where to get help and advice

ACAS

ACAS provides free and impartial advice on workplace rights and can help you resolve disputes through Early Conciliation.

Citizens Advice

Citizens Advice offers confidential support on discrimination, legal rights, and how to take action if you’re treated unfairly.

EHRC (Equality and Human Rights Commission)

The EHRC enforces the Equality Act and provides detailed guidance on sexual orientation discrimination and your rights.

Employment lawyers and support groups

Specialist employment lawyers can help you understand your options and support you through a tribunal process. LGBTQ+ support groups and charities can also offer practical and emotional support.

If you believe you’re experiencing discrimination because of your sexual orientation, you don’t have to face it alone. The law is on your side, and support is available to help you stand up for your rights.