New rights for all lesbian, gay and bisexual workers (Leaflet 337)

Date: 14 August 2007

New rights for all lesbian, gay and bisexual workers

In December 2003 laws came into effect that will make it illegal for an employer to discriminate against a worker on the grounds of their sexual orientation.

This law was long overdue and much needed. The scale of harassment and discrimination experienced by LGB workers is shocking. A TUC survey found that almost half (44%) of lesbian and gay workers had been treated unfairly at work because of their sexuality. It comes as no surprise therefore, that at least half of all LGB workers don't feel able to be open about their sexual orientation at work.

Usdaw LGB members have faced the following at work:

• Verbal abuse and name calling by customers.

• Homophobic graffiti and so called jokes about their sexuality.

• Being deliberately ignored by colleagues.

• Being refused access to parental, adoptive or family leave.

• Physical violence.

LGB workers need to be protected against such behaviour by law. The law protects everyone (straight as well as lesbian, gay and bisexual workers) against discrimination on the grounds of their sexual orientation or perceived sexual orientation. For example, a heterosexual woman who is discriminated against because her employer believes her to be a lesbian is also protected by the law.

What the law says

The new law means that an employer cannot:

• Lawfully refuse to employ someone, nor can they decide to dismiss someone, because they are lesbian, gay or bisexual.

• Refuse access to training or promotion, because of sexual orientation.

• Deny to LGB workers the benefits (facilities and services) they offer to married heterosexual couples (eg, access to insurance schemes, travel concessions, social events). However, benefits which discriminate on the grounds of marital status will still be lawful. An employer can deny a same-sex partner access to a benefit if they say that this benefit is restricted to married partners only. The most obvious example of this type of discrimination is some occupational pension schemes.

• Give an unfair reference when someone leaves, because of being lesbian, gay or bisexual.

• Victimise someone by treating them less favourably if they have complained about alleged discrimination, or given evidence in such a case.

• Discriminate indirectly. This happens when the employer sets out a particular provision, criterion or practice that everyone has to meet, but one group (eg lesbian or gay employees) cannot meet so easily.

The law will also protect:

• people who are treated unfairly because they are perceived to be gay, lesbian or bisexual, whether or not they are.

• people who face unfair treatment because they are friends with, related to or otherwise associate with a gay, lesbian or bisexual person.

Homophobic harassment

Goods, facilities and services

As a result of a co-ordinated campaign by trade unions and LGB organisations the law now protects LGB workers from discrimination in the provision of goods, facilities and services. For example it is illegal for a hotel to refuse a room to a same sex couple. In passing this legislation the Labour Government has put in place one of the final pieces of the legal jigsaw by which LGB people will benefit from the same protection as any other citizen against unfair treatment.

What you can do

As important as the law is we know that it doesn't mean discrimination has disappeared from our workplaces. Trade unions have an important job of work to do to challenge homophobia, prejudice and harassment. For more information about helping to build workplaces where LGB workers feel safe and confident about being out at work see Usdaw's Bargaining For Equality briefing - 'LGBT Equality At Work'.

Contact Usdaw

Usdaw's Legal Plus service

Where to go for more information

Produced with the kind assistance of the TUC Photographs by Getty Images

New rights for all lesbian, gay and bisexual workers (Leaflet 337) was correct at date of publication August 2007.

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© 2003 (USDAW) Union of Shop, Distributive and Allied Workers
This page: http://www.usdaw.org.uk/equality/resource_library/1074265699_27898.html
Last Modified: Thursday, 11-Sep-2008 23:02:04 EST