Andrew Parascandolo
Employment Solicitor
START YOUR CLAIM TODAY
Phone: 01423 564551
Email: ap@powell-eddison.co.uk
Sexual Orientation Discrimination Solicitors Harrogate
Have you faced discrimination due to your sexual orientation at work?
Discrimination against you due to your sexual preference can happen anywhere in the workplace, looking for work, or during a recruitment process, meaning you could be entitled to compensation under a sexual orientation discrimination claim.
If you believe you have been a victim of discrimination in the workplace contact Powell Eddison sexual orientation discrimination lawyers today for a free initial consultation on making a discrimination claim.
Contact our discrimination lawyers by calling our Harrogate law firm on 01423 564551 or our Leeds law firm on 0113 200 7480. We are ready to speak to you confidentially about any potential claims.
What is sex discrimination?
Under the Equality Act 2010, it is unlawful for an employer to discriminate against employees because of their sexual preference.
Sexual orientation discrimination covers both genders and is illegal against men just as much as it is against women. The law applies equally whether someone is a lesbian, gay man, heterosexual or bisexual. Under the legislation, sexual orientation is defined as:
Orientation towards people of the opposite sex (heterosexual)
Orientation towards people of the same sex (gay men and lesbian women)
Orientation towards people of the same sex and the opposite sex (bisexual).
Examples of sexual orientation discrimination
The Equality Act 2010 states that when making sex discrimination claim you have to have experienced discrimination because of your sexuality in one of four variants.
Direct sex discrimination
Direct sex discrimination is when someone (either male, female or other) is treated differently and not as well as other people because of their sexuality.
Direct discrimination breaks down into three different sorts of treating someone 'less favourably' because of:
their actual sexual orientation (ordinary direct discrimination)
their perceived sexual orientation (direct discrimination by perception)
the sexual orientation of someone with whom they associate (direct discrimination by association).
Indirect sex discrimination
Indirect sexual orientation discrimination can occur where workplace rules, practices or procedures are applied to all staff, but disadvantages those of any particular sexuality. For example, a workplace policy that entitles paternity or maternity leave to heterosexual couples but not same-sex couples.
An employee or job applicant claiming indirect discrimination based on their sexuality must show how they have been personally disadvantaged, as well as how the discrimination has or would disadvantage other employees or applicants of the same sexuality.
Harassment
Harassment claims are when you engage in unwanted behaviour towards a colleague, related to their sexuality. Because of this unwanted behaviour, you make them feel upset, intimidated, humiliated or degraded.
Victimisation
Victimisation can be claimed when an employee is treated unfairly because they’ve made a complaint about discrimination about their sexual orientation, or they’re supporting a colleague who has made a complaint against a company.
Do you think you have been discriminated against because of your sexuality? If you have had your employment terminated, and think that this is because of your sexual preference, then, in addition to a discrimination claim you could also make a case for unfair dismissal.
Protected characteristics
Whether they are employed, seeking a new job and therefore engaging in a recruitment process both male and female workers can be and are discriminated against on the basis of their sexuality.
Your rights under discrimination law
Employees are often unaware of their rights under discrimination law and therefore don’t know what to do or who to turn to if they’re being discriminated against.
If you feel you are being discriminated against due to your sexuality, it’s important to take all the correct steps in order to strengthen your negotiating position when it comes to claiming compensation for or a settlement exit package. If you’re being discriminated against at work you should:
tell your manager - put it in writing and keep a dated copy of the letter or email
talk to your HR team or trade union - they’ll be able to give you advice
collect evidence - keep a diary recording all of the times you’ve been discriminated against
raise a formal 'grievance' (complaint) if the discrimination doesn't stop. All employers must have a grievance process - ask your manager or HR team for more information on this
You could make a claim at an employment tribunal if you can't solve your problem using the grievance procedure.
Our specialist sexual discrimination lawyers work in employment law cases with experience in sex discrimination claims and can help you with your sex discrimination claim.
When is being treated differently due to your sexuality legal?
People may be treated differently in the following circumstances:
belonging to a particular sexual orientation is essential for a job. This is called an occupational requirement
an organisation is taking positive action to encourage or develop gay, lesbian or bisexual people to participate in a role or activity
the treatment by an employer or organisation falls within one of the exceptions that permit people to be treated differently based on their sexual orientation
a religious or belief organisation is excluding persons of a particular sexual orientation from its membership or participation in its activities, or its provision of goods, facilities and services. This only applies to organisations whose purpose is to practice, promote or teach a religion or belief, whose sole or main purpose is not commercial.
Getting a settlement agreement after experiencing discrimination due to your sexuality in the workplace
If you're a member of the LBGT+ community, don't suffer in silence if you believe you've been the victim of
workplace discrimination because of your sexuality.
Speak to one of our experienced sexual discrimination lawyers about challenging all sexuality-biased behaviour as you may be able to get compensation from your employer for financial loss and emotion pain.
Our specialist team of discrimination lawyers represent clients who have suffered discrimination in a variety of aspects of their lives. We have past experience in successfully securing compensation for clients who have suffered discrimination at the hands of many organisations.
Contact Our Sexual Discrimination Lawyers
If you feel you have been the subject of employment discrimination, treated less favourably due to your sexuality at work and are thinking of making a compensation claim then contact us now. Our sexual discrimination solicitors regularly represent clients in discrimination claims locally to our offices. We offer a NO-WIN-NO-FEE on ALL employment claims for Claimants.
For specialist employment law advice, contact our sexual orientation discrimination solicitors in our Harrogate or Leeds offices today for a specialist, no-obligation FREE phone advice.
