Understanding Sexual Orientation Discrimination

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The Equality Act 2010 defines sexual orientation as a person's sexual orientation towards:

• people of the same sex
• people of the opposite sex
• people of either sex

This means being gay, lesbian, heterosexual or bisexual. The law might not reflect the language people now use to describe their sexuality. People with other sexual orientations might still be protected by discrimination law. This could be if they experience less favourable treatment because of their sexual orientation.

Protection also extends to individuals who are associated with someone of a particular sexual orientation or perceived to have a particular sexual orientation, even if that perception is incorrect. Sexual orientation discrimination can occur in a wide range of workplace situations, including recruitment, terms and conditions of employment, promotion opportunities, training access, redundancy selection, and dismissal.

Sources:

• What the law says - Sexual orientation discrimination - Acas 
• Sexual orientation discrimination | EHRC 
• Equality Act 2010 
• Sexual orientation discrimination: UK employment law | CIPD 

Employers in the UK are prohibited under the Equality Act 2010 from discriminating against, harassing, or victimising employees or job applicants because of protected characteristics, including sexual orientation.

This applies to all aspects of employment, including terms and conditions, access to promotion, transfer or training opportunities, dismissal, and any other detriment.

Employers may be held liable for unlawful acts committed by their employees in the course of employment. However, they may avoid liability if they can show they took all reasonable steps to prevent such conduct. Employees may also be personally liable for their own discriminatory acts.

 Sexual orientation discrimination may include:

• refusing to hire or promote someone due to their sexual orientation 
• making inappropriate or offensive comments about a person’s sexuality 
• excluding employees from opportunities or workplace activities 
• treating someone unfairly after they disclose or are perceived to be LGBTQ+ 
• allowing or failing to address homophobic or biphobic harassment in the workplace 
• unfair disciplinary action influenced by sexual orientation or perception 
• creating or tolerating a hostile or offensive working environment

In a workplace dispute we supported, an employee was not selected for a management development programme by their employer. Subsequently, concerns were raised that a member of the selection panel had made inappropriate and offensive comments relating to sexual orientation outside of a formal meeting context. Two colleagues were willing to provide witness statements regarding what they had heard.

Following an internal investigation that we supported, appropriate action was taken by the employer in relation to the conduct concerns raised. The employee was then offered a place on the management development programme. 

As part of wider organisational learning, the employer also introduced awareness sessions aimed at improving understanding of LGBTQ+ inclusion in the workplace for both staff and managers. Following completion of the development programme, the employee progressed into a promoted role.

Note: Outcomes will always depend on the specific facts, available evidence, and the employer’s internal procedures and decision-making processes.

If you believe you are experiencing sexual orientation discrimination, our advice is:

• keep a written record of incidents  (dates, times, details, witnesses) 
• keep a diary of how each incident made you feel and the impact it had on your mental and physical health, and your relationships
• preserve evidence such as emails, messages, or screenshots 
• review your employer’s grievance and maternity procedures 
• report the issue to HR or management           
• raise a formal grievance where appropriate 
• seek early advice from ACAS 

️What does 'perceived sexual orientation' mean? Perceived discrimination happens when someone is treated unfairly because others think they have a particular sexual orientation, even if that assumption is incorrect. Protection also applies where someone is associated with a person of a particular sexual orientation, for example a friend or sibling.

What are examples of sexual orientation discrimination at work? 

• refusing promotion or training opportunities because of sexual orientation or perceived sexual orientation 
• exclusion from workplace events, teams, or professional networks 
• being treated less favourably after 'coming out' 
• being ignored or excluded by managers or colleagues in a way that disadvantages the employee 
• disciplinary action influenced by sexual orientation or perceived sexual orientation 
• refusing to recognise a same-sex partner where equivalent benefits are provided to other partners (e.g. next of kin or employee benefits) 
• issuing a negative reference because of sexual orientation or perceived sexual orientation

Is sexual orientation discrimination always obvious? No. It can be direct or subtle. Some cases involve clear discriminatory behaviour, while others may involve more indirect practices, such as workplace culture, assumptions, or decision-making bias.

Can my employer be responsible for discrimination carried out by colleagues?

Yes. Employers can be legally responsible for discriminatory acts carried out by employees during work duties, unless they can show they took reasonable steps to prevent such behaviour.

Can I be treated unfairly for raising a discrimination complaint?

No. Victimisation is unlawful. This includes being treated unfairly because you have made a complaint, supported someone else’s complaint, or raised concerns about discrimination.

Most claims under the Equality Act 2010, including sexual orientation discrimination, must be submitted within 3 months less one day from the date of the last incident. Before submitting a claim, individuals must normally engage in ACAS Early Conciliation, which is a mandatory step. 

Employment Tribunal Information – GOV.UK 

Where a claim is successful, an Employment Tribunal may award compensation for financial loss, compensation for injury to feelings, and interest where applicable. Each case is assessed on its individual facts, including severity, duration, and impact.

Our HR Consultant supports employees experiencing workplace issues including sexual orientation discrimination, harassment, unfair dismissal, grievance and disciplinary matters, workplace disputes, and Employment Tribunal claims.

Step 1 — Initial Case Review

We offer an initial complimentary review of your situation to assess your circumstances and provide clear, professional guidance on whether we may be able to assist.

Step 2 — Formal Workplace Representation

Where appropriate, we can prepare detailed correspondence to your employer outlining the relevant workplace concerns, applicable employment legislation, and potential procedural issues. In some cases, matters can be resolved through early settlement discussions without the need for Employment Tribunal proceedings.

Step 3 — Employment Tribunal Preparation Support

Where disputes remain unresolved, we can support you with Employment Tribunal proceedings.

📧 Tracey@PracticalPeople.co.uk

📞 07939 132480

We aim to respond within the same working day where possible.

This guidance is written by Tracey Hirst, an experienced HR consultant specialising in discrimination, maternity rights and Employment Tribunal preparation support. Her qualifications include FCIPD and MSc Strategic Management from Loughborough University. Tracey is the founder of Practical People.

LinkedIn:  Tracey Hirst FCIPD MSc | LinkedIn 

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Practical People HR Consultancy Information:  About Us - Practical People 

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FairDeal4You™️ is a trading style of Practical People Limited who provide HR consultancy services only and are not a regulated law firm. We do not provide reserved legal services. This content is intended for general guidance purposes and should not be considered legal advice. Individuals should seek independent legal advice where appropriate. Practical People Limited holds professional indemnity insurance. 

Last Reviewed: 10 June 2026

Reviewed by Tracey Hirst, FCIPD - qualified HR Consultant

Reviewed against the Equality Act 2010, ACAS guidelines, and EHRC technical guidance

FairDeal4You™️ is a trading style of Practical People Limited

Practical People Limited Company No. 11870095 

Based in West Yorkshire, UK