LGBT History Month

09 February 2021 | Eleanor Greenwell

February is LGBT history month. This month celebrates diversity of all people within our communities including Lesbians, Gay, Bisexual and Trans. 

The employer plays a key role in promoting and celebrating all walks of life within their workforce.  It is important that employers communicate to their workforce that the business will not tolerate any prejudices or discrimination and that we must respect our colleagues regardless.

From a historical perspective, the LGBT community have suffered many difficulties in their personal as well as work life.  In today’s world it is unacceptable that any person should suffer such injustices, particularly in the workplace.  

The Equality Act 2010

The Equality Act 2010 cover 9 protected characteristics, including sexual orientation discrimination.  Under this law, one cannot treat a person any differently or unfairly because they are heterosexual, gay, lesbian, or bisexual.  It is unlawful to treat any such a person less favourably than another.  Should an employee treat another colleague less favorable, the employer could risk a tribunal claim which could cost the business thousands of pounds.   

Equal Opportunity Policy

The employer and employees must comply with the law.  It is useful to have an Equal Opportunity Policy in place to demonstrate this so to avoid any ambiguities.  The policy should be structured and cover all 9 protective characteristics including LGBT+ to avoid discrimination.  The messages should be clear and transparent to staff, respect all, not just for February but throughout the year.

Successful discrimination tribunal cases such as McMahon v Redwood 2019 is an example of a blatant warning to employers.  In this case a lesbian employee was advised by management not to declare her sexuality.  The employee feared that by declaring her sexual orientation to her colleagues her employment would be affected.  Months later McMahon was made redundant and she made a successful direct sex discrimination claim.  The tribunal concluded that the employer was at fault by telling her to keep quiet about her sexuality.  The business was described as holding onto ‘old school values’, which to the employers’ detriment, had cost £9,000 in compensation.

The article is for general information purposes only and should you require any further assistance on the matter please do not hesitate to call our advice-line team on 01455 852028.

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