SEXUAL ORIENTATION DISCRIMINATION SOLICITORS - EMPLOYMENT
Because many of the rights, regulations and guidelines surrounding sexual orientation discrimination are much newer than those regarding other forms of discrimination, it is absolutely imperative that individuals including heterosexuals, homosexuals, gays, lesbians and bisexuals, facing such discrimination have the advice of a skilled and knowledgeable solicitor. Our panel solicitors specialise in all forms of employment law, and our experienced lawyers offer friendly and up-to-date advice on all the latest advancements in sexual orientation law and legal rights. Call our helpline or email our offices; all calls are confidential.
SOLICITORS HELPLINE 0844 332 0018
Under The Employment Equality Sexual Orientation Regulations 2003, it is illegal for an employer to discriminate against an individual based on his or her sexual orientation, perceived sexual orientation or the sexual orientation of an individual’s associates. These Regulations apply to heterosexuals, homosexuals, gays, lesbians and bisexuals. It does not matter if the employer was correct about the individual’s sexual orientation or not, only if discrimination has occurred. All stages of employment are covered under the Regulations, and include but are not limited to issues involving hiring, applications, pay, bonuses and promotions.
It is important to note that sexual practices, such as bondage, are not covered by any type of sexual discrimination guidelines. Therefore they cannot be used as the basis for a sexual orientation discrimination claim by any category including heterosexuals, homosexuals, gays, lesbians or bisexuals.
SOLICITORS HELPLINE 0844 332 0018
Sexual Orientation Regulations specify four basic kinds of discrimination: direct, indirect, harassment and victimisation. With direct discrimination, there is obvious and unchallengeable unfair treatment of an individual based on their real or perceived sexual orientation; indirect discrimination is similar to direct discrimination, but affects a larger group of employees in more subtle ways. Any type of verbal abuse, bullying-type behaviours or hostile actions directed at an individual based on sexual orientation is considered harassment. Sexual orientation discrimination can involve anything from lewd jokes and comments to threats of physical harm. Finally, sexual orientation victimisation occurs when adverse action is taken against an employee for their filing of or participation in a sexual orientation discrimination claim.
SOLICITORS HELPLINE 0844 332 0018
Very rarely, an employer may make an exception based on “genuine occupational requirement” (GOR). For example, an employer may believe that only an employee of a certain sexual orientation will be able to perform the duties of a specific position; this exception is only valid for organisations with an "ethos based on religion or belief." An employer must prove that the guidelines restricting sexual orientation were enacted in order to "comply with the doctrines of the religion" or "to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers" to successfully assert this exemption.
SOLICITORS HELPLINE 0844 332 0018
If you are a victim of sexual orientation discrimination, you may bring a claim against your employer before the Employment Tribunal. There is no maximum limit for awardable compensation in such cases, and awards can be quite substantial for claims that are successful. The Tribunal may also, if deemed appropriate, order an employer to re-employ an employee that has proven a successful sexual orientation discrimination claim.
SOLICITORS HELPLINE 0844 332 0018