UK Employment Solicitors -

Sexual Orientation Discrimination Solicitors Compensation Claims - UK Lawyers

Employment discrimination on the basis of sexual orientation is unlawful. Homosexuals, bisexuals, lesbians and heterosexuals who are victims of employment discrimination on the basis of their sexual preferences should seek out specialist employment solicitors with experience in this area to obtain the best legal advice. Our sexual orientation discrimination solicitors are experienced in all aspects of employment law and provide up to date guidance based on the newest developments in regards to the law relating to sexual orientation. We are able to make application to the Employment Tribunal in short order if you are the victim of ongoing unfair practices. Our sexual orientation discrimination solicitors offer advice on applications to the Employment Tribunal at no cost and with no further obligation.

Sexual Orientation Regulations

In accordance with the Employment Equality Sexual Orientation Regulations 2003, sexual orientation bias is unlawful. Employers that discriminate based on a person’s sexual preferences, their perceived preferences or even the perceived preferences of associates can be held liable to pat compensation.

The Regulations pertain to homosexuals, lesbians, bisexuals, and heterosexuals. The employer’s perception pertaining to the individual’s orientation whether correct or incorrect is not relevant, the only determination is whether or not discrimination transpired. All steps in the employment process are protected by these Regulations including but not confined to job applications, employment, contract issues, pay, promotions, benefits and bonuses.

Please be advised that sexual habits or practices including bondage and sadomasochism are not mentioned in of the relevant statutes and cannot be made the basis of a sexual orientation claim before the Employment Tribunal for bias or discrimination.

Discrimination Categories

Sexual Orientation Regulations classify four fundamental types of discrimination:

  • direct
  • indirect
  • indirect
  • harassment
  • victimisation

In cases of direct discrimination, there are unchallengeable and obvious unfair practices directed toward a worker or individual using their actual or perceived orientation as the basis; indirect discrimination, though similar to direct is different in that it usually affects a group of workers in clever or subtle subversive manner; harassment, can be recognised by any hostile actions, acts of bullying or verbal abuse aimed at a worker or individual because of their sexual orientation, which could occur in the form of lewd jokes or comments, to threats of bodily harm; and the final type, victimisation happens when negative actions or threats are directed at a worker who has issued or has let it known that they would issue or has assisted another in issuing a claim of sexual orientation discrimination in the Employment Tribunal.

Regulations Exceptions

Although very rare, employers can make a “genuine occupational requirement” exception. An exception to the general rule may be possible when an employer believes that only an individual with a specific sexual orientation can accomplish the responsibilities of a particular position and the exception is only credible with organisations that have an "ethos based on religion or belief." There must be strong, compelling evidence that proves the restrictions of sexual orientation were made 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" in order to favourably declare the exception.

How to Bring a Claim

In the event that you become victim to sexual orientation discrimination, you can make an application to the Employment Tribunal. Compensation is not capped in sexual orientation cases, so awards may be significant. An employer may be ordered to re-employ a worker if the tribunal finds it appropriate.