The Employment Equality (Sexual Orientation) Regulations 2003 makes discrimination on grounds of sexual orientation unlawful.

It is unlawful to discriminate in the recruitment of workers, during employment, dismissal and after the employment contract is at an end.

Sexual Orientation means orientation towards the same sex or opposite sex or both.

Direct Discrimination is the most obvious type of discrimination and occurs when an employer treats an employee less favourably, because of his sexual orientation, than another employee in similar circumstances. This would also cover discrimination against an employee who was perceived to be 'gay' or 'straight' or having for example, a gay relative.

Indirect Discrimination is a less obvious form of discrimination, but occurs where for example an employer imposes a condition, practice or requirement on all his employees, which has a disproportionate and unjustifiable impact on one group of employees.

It is unlawful to victimise a person by treating a person less favourably, where for example that person has complained of discrimination on the grounds of sexual orientation or done a 'protected act'; e.g., an employee has given evidence at a Tribunal in support of another employee's claim that she has suffered discrimination on the grounds of her sexual orientation.

Harassment under the 2003 Regulations, occurs when an harasser engages in unwanted conduct which violates a worker's dignity or creates an intimidating, hostile, degrading or offensive environment for the worker. Such homophobic harassment may be intentional or unintentional and could include spreading rumours that a gay man was a 'rent boy' or constant speculation as to any employee's sexuality or HIV status.

In a very limited number of situations an employer is permitted to discriminate on the grounds of sexual orientation.

As an employee, you should be aware that if you feel you have been discriminated against on the grounds of your sexual orientation, you must first bring the matter to your employer's attention via the company's internal grievance procedure, before commencing a claim in the Employment Tribunal.

There are strict time limits for commencing claims in the Employment Tribunal and Courts.

If you believe you have a claim against your employer please complete our Free Online Assessment Form, now. We will then respond to you usually within 48 working hours, including a free, initial assessment of your claim.

Alternatively you can download the free initial assessment form and send it to net employment solicitors at the address on our contact page.