What is Discrimination?

The law prohibiting discrimination of employees based on their sexual orientation is set out in S.6 of the Equality Act 1998 (as amended) which states that discrimination on the basis of their sexual orientation will be considered to have occurred where one person is treated less favourably than another is, has been or would be treated.

What is Workplace Harassment?

Harassment at work based on this ground is prohibited by S. 14(A) of the Equality Act 2004.

S.14A(7) of this Act defines harassment as:

‘’Any form of unwanted conduct related to any of the discriminatory grounds which has the purpose or effect of violating a person’s dignity and creating an intimidating’’.

So, in a case involving workplace harassment it will be necessary to assess before taking a legal case:

• Was the person an employee?
• If the employee was subjected to harassment as defined by the Act?
• Was the employee the recipient of discriminatory treatment based on their sexual orientation which is connected to their conditions of employment?
• Are there facts of significant significance to establish a good case?
• Is there a connection between the treatment at work the and sexual orientation of the employee?
• What steps did the employer take to prevent the harassment in the first place?
• What policies and procedures did the employer have regarding harassment?
• Did the employer communicate such policies to staff members?
• What did the employer do after they were notified harassment took place?

Employment Law Articles