Sexual orientation, gender identity, gender reassignment and employment
Explore the UK legal position and main issues for employers on sexual orientation discrimination, gender identity and reassignment discrimination in the workplace
Selected cases on sexual orientation discrimination in the workplace
Here we list a selection of key cases, reported since 2011, on sexual orientation discrimination in the workplace, providing a summary of the decision and implications for employers.
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(unreported, [2011] EWCA Civ 769 1 July 2011, CA)
Issue: Harassment
A gay employee worked in a Land Registry office where he was ‘out’. He moved to another office where he decided to delay revealing his homosexuality. His new manager mentioned his sexuality to another colleague, as well as making references to it at a dinner party. The employee brought sexual orientation and harassment claims.
An employment tribunal held that the manager’s decision to reveal the employee’s sexuality was less favourable treatment on the grounds of sexuality. It also stated that it was legitimate for the employee to have control over how, and when, he revealed his homosexuality at his workplace.
The Court of Appeal ruled, upholding the Employment Appeal Tribunal decision, that the employment tribunal had not taken into account that the employee had been ‘out’ at another office and many employees in the Land Registry were aware that he was gay. It also found that his manager had no ‘ill purpose’ in revealing his sexuality and so there could be not direct discrimination or harassment.
Please note: While every care has been taken in compiling these notes, CIPD cannot be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice.
Explore the UK legal position and main issues for employers on sexual orientation discrimination, gender identity and reassignment discrimination in the workplace
Commonly asked questions on the legal issues relating to sexual orientation discrimination in the workplace
Episode 112: The episodes in this month’s mini-series focus on the experiences of professionals in the LGBT community, the challenges they’ve faced and the role they believe HR can play in developing inclusive workplaces.
Resources to help employers address sexual orientation discrimination at work