Employment law support for
sexual orientation discrimination issues
A person may suffer one of four types of discrimination: direct, indirect, victimisation or harassment. Direct discrimination is where someone receives less favourable treatment than other workers, on the grounds of their sexual orientation. Indirect sex discrimination is where the employer puts into place a provision, criterion or practice which puts members of one sexual orientation at a particular disadvantage when compared with those who are not of that sexual orientation, and the provision, criterion or practice cannot be shown to be a proportionate means of achieving the employer's legitimate aim.
Victimisation is defined as less favourable treatment because someone has brought proceedings or been otherwise involved in proceedings against the employer or another worker. Harassment is defined as either sexual harassment or harassment on the grounds of a person's sexual orientation, ie. unwanted conduct which has the purpose or effect of violating the worker's dignity, creating a hostile, intimidating, degrading, humiliating or offensive environment for that worker.
Sexual orientation is defined as an orientation towards: a person of the same sex (homosexual) person of the opposite sex (heterosexual) and person of the same sex and of the opposite sex (bisexual).
The discrimination is unlawful with regard not only to the worker's own sexual orientation but also to the sexual orientation of those with whom they associate. The discrimination may be based on someone's perception of the worker's sexual orientation, whether that perception is correct or not. Therefore comments about a worker's friends or colleagues may be unlawful, as could speculation about someone's sexuality. The legislation, however, does not include sexual practices or sexual conduct, ie. sadomasochism or paedophilia.
At Q&A Law we understand the sensitivities of sexual orientation discrimination and with our comprehensive services you'll find the answers to your questions along with a law guide, a step-by-step process guide, letter templates and policy documents to enable you to deal with all your sexual orientation discrimination issues. This is supported by your own solicitor available on the telephone or by email. We are so confident that we will be able to help your business, that you can call us today for your free introductory advice session on 0845 686 8480.
We can help answer questions such as:
What types of discrimination are there?
What is direct discrimination?
Can direct discrimination be lawful?
What is indirect discrimination?
Does an employer have any defence in a complaint of indirect discrimination?
What does victimisation involve?
How is harassment defined?
What is an employee's remedy in the event of a complaint on the grounds of sexual orientation discrimination?
Can an employee who has only been employed for a few months make a claim on the grounds of sexual orientation discrimination?
Call Iain or one of his team of solicitors today to discuss how we could help you.
01707 444 450 or email us here
