Sexual Orientation Discrimination Law

Since 1 December 2003, it is unlawful for employers and some other bodies to discriminate against or harass a person on the ground of sexual orientation or 'perceived' sexual orientation - including orientation towards someone of the same sex (lesbian/gay), opposite sex (heterosexual) or both sexes (bisexual).

The law against sexual orientation discrimination at work covers recruitment, terms and conditions, pay and benefits, status, training, promotion and transfer opportunities, through to redundancy and dismissal.

It is against the law for someone you work for to treat you less favourably than other workers because of your sexual orientation. The law calls this direct discrimination. An example of direct discrimination would be refusing to employ you, or passing you over for promotion because of your sexual orientation.

It is also against the law for someone you work for to have rules, policies or practices, which though not aimed at you personally, put you at a disadvantage because of your sexual orientation. The law calls this indirect discrimination.  An example would be a rule that restricts employment benefits for family members to opposite sex partners only.  Indirect discrimination can be justified if it can be shown to be an unavoidable business need.

It is also against the law for someone to bully, victimise or harass you because of your sexual orientation.

There is also legislation to prevent discrimination against transsexual and transgender people, and to afford them all the rights and responsibilities appropriate to their acquired gender.

These regulations came into force on 30 April 2007, and are aimed, in line with the principles of existing racial, gender and other equality legislation, at preventing discrimination against people because of sexual orientation, and so it will be unlawful for service providers such as hotels and restaurants to treat customers any differently because they are gay, lesbian or bisexual.