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What does the law mean by 'discriminating on grounds of sexuality'?

Treating someone less well than other employees because they are, or are believed to be, lesbian, gay, bisexual or heterosexual.

For example:

  • refusing to employ someone, or dismissing them because they are lesbian, gay or bisexual
  • refusing access to training or refusing promotion because of sexual orientation
  • denying a homosexual person's civil partner benefits that the employer provides for heterosexual employees' spouses
  • giving an unfair reference when someone leaves, because of their sexual orientation
  • victimising someone by treating them less favourably if they have complained about or alleged sexual orientation discrimination, or given evidence in such a case
  • discriminating indirectly. This happens when the employer has made a condition that applies to everyone, but which is not possible, or as easy, for a person of a different sexual orientation to comply with.

The employer will be liable for discriminatory actions taken by anyone acting on their behalf, whether or not it was done with their knowledge (unless the employer can show that they had taken reasonable steps to prevent such actions).