What is Sexual Orientation Discrimination?
Sexual orientation discrimination happens when someone is treated unfairly because of their sexual orientation – meaning who they are attracted to, whether they are gay, lesbian, bisexual, straight, or another orientation. Under UK law, this type of discrimination is unlawful in many areas of life, including work, education, and when accessing services.
The main law protecting you from sexual orientation discrimination is the Equality Act 2010. This law makes it illegal to discriminate against someone because of their sexual orientation. It applies to both direct discrimination – such as being refused a job because you are gay – and indirect discrimination, where rules or practices put people of a certain orientation at a disadvantage.
Sexual orientation is one of the protected characteristics under the Equality Act 2010. This means it is specifically listed in the law as a characteristic that must not be used as a reason for unfair treatment. Understanding these protected characteristics helps ensure that everyone is treated fairly and with respect.
Discrimination can take many forms in everyday life. For example:
- An employer refusing to hire someone because they are bisexual.
- A teacher making negative comments about a student’s sexual orientation.
- A business refusing service to a same-sex couple.
- Colleagues making jokes or spreading rumours about someone’s sexuality at work.
It’s important to recognise that discrimination is not always obvious. Sometimes, it can be subtle, such as being left out of meetings or not being considered for promotions due to assumptions about your sexual orientation. For a broader explanation of what discrimination means under the Equality Act 2010, you can explore more detailed guidance.
Knowing your rights under the Equality Act 2010 is crucial. It empowers you to challenge unfair treatment and seek support if you experience discrimination. If you believe you have been treated unfairly because of your sexual orientation, there are steps you can take to address it and ensure you are protected by the law.
Where Sexual Orientation Discrimination Can Occur
Sexual orientation discrimination can happen in many areas of everyday life. The Equality Act 2010 makes it unlawful to treat someone unfairly because of their sexual orientation in a wide range of settings. Understanding where you are protected is key to recognising and challenging discrimination if it occurs.
Work and Employment
The workplace is one of the most common places where sexual orientation discrimination can occur. This includes all stages of employment, from recruitment and interviews to promotions, training, and dismissal. For example, it is illegal for an employer to refuse to hire someone, deny them a promotion, or treat them less favourably because they are lesbian, gay, bisexual, or heterosexual. Harassment at work, such as offensive jokes, comments, or exclusion based on sexual orientation, is also prohibited under the Equality Act 2010.
Education
Schools, colleges, and universities must not discriminate against students or applicants because of their sexual orientation. This covers admissions, access to courses, discipline, and the way educational services are provided. For example, a school cannot exclude a student or treat them differently because of their sexual orientation.
Housing
It is against the law for landlords, letting agents, or housing associations to discriminate when renting or selling property. This means you cannot be refused accommodation, charged higher rent, or treated unfairly in tenancy agreements because of your sexual orientation. If you think you have been treated unfairly in this way, learn more about rental discrimination and how to protect your rights.
Goods, Services, and Public Functions
You are also protected when accessing goods and services, such as shops, banks, healthcare, and public transport. Service providers must not refuse service, offer a lower standard of service, or harass you because of your sexual orientation. This protection extends to public bodies and organisations carrying out public functions, such as local councils or the police.
Hate Crimes and Serious Discrimination
In some cases, discrimination may go beyond unfair treatment and become a criminal offence. Hate crimes targeting LGBTQ+ people are taken very seriously under UK law. These offences include verbal abuse, threats, physical attacks, or damage to property motivated by hostility towards someone’s sexual orientation. The Hate Crimes guidance from the Crown Prosecution Service explains how such crimes are prosecuted and what legal protections are in place if you are targeted because of your sexual orientation or gender identity.
Knowing where you are legally protected helps you spot unfair treatment and take action if your rights are breached. Whether at work, in education, when accessing services, or in public, the law is clear: discrimination because of sexual orientation is not allowed. If you believe you have experienced discrimination, you have options to challenge it and seek support.
Your Rights Under the Equality Act 2010
The Equality Act 2010 is the main law protecting people in the UK from unfair treatment because of their sexual orientation. This law makes it illegal to discriminate against anyone because they are gay, lesbian, bisexual, heterosexual, or identify with any sexual orientation. Sexual orientation is one of the Equality Act 2010 protected characteristics, and the law aims to ensure that everyone has the right to be treated equally and with respect.
Where Your Rights Apply
Your rights under the Equality Act 2010 cover a wide range of everyday situations, including:
- Employment: You are protected from discrimination at every stage of employment, from recruitment and interviews to promotions and dismissal. Employers must treat all staff fairly, regardless of sexual orientation. For more on how the law applies at work, see What the law says – Sexual orientation discrimination – Acas.
- Education: Schools, colleges, and universities must not discriminate against students or applicants based on sexual orientation.
- Housing: Landlords and letting agents cannot refuse to rent or sell property to someone, or treat them unfairly, because of their sexual orientation.
- Services: Shops, healthcare providers, banks, and other service providers must offer their services equally to everyone, without discrimination.
Types of Sexual Orientation Discrimination
The Equality Act 2010 recognises several forms of discrimination. Understanding these can help you identify if you have been treated unfairly:
- Direct discrimination: This happens when someone is treated less favourably because of their sexual orientation. For example, if a qualified employee is denied a promotion because they are gay, this is direct discrimination.
- Indirect discrimination: This occurs when a policy or rule, which appears neutral, puts people of a certain sexual orientation at a disadvantage. For instance, if a company social event is always held at a venue that is unwelcoming to LGBTQ+ people, it may be considered indirect discrimination.
- Harassment: Unwanted behaviour related to sexual orientation that makes someone feel offended, humiliated, or intimidated is harassment. This could include jokes, comments, or exclusion.
- Victimisation: If you are treated badly because you made a complaint about sexual orientation discrimination, or supported someone else’s complaint, this is victimisation.
Duties of Employers, Service Providers, and Landlords
Employers, service providers, and landlords all have legal responsibilities under the Equality Act 2010. They must:
- Make sure their policies and practices do not discriminate against anyone because of sexual orientation.
- Take steps to prevent and address harassment or victimisation.
- Provide training and information to staff about equality and inclusion.
- Make reasonable adjustments where necessary to ensure equal access and fair treatment.
Failure to comply with these duties can lead to legal action and may result in compensation for the person affected.
Promoting Fairness and Inclusion
The Equality Act 2010 is designed to promote fairness and create safer, more inclusive environments for everyone. By protecting against sexual orientation discrimination, the law encourages workplaces, schools, and public services to treat all individuals with dignity and respect. These protections are part of a broader commitment to equality, alongside safeguards against pregnancy and maternity discrimination, religious or belief-based discrimination, age discrimination, disability discrimination, gender and sex discrimination, race discrimination, and trans and non-binary discrimination.
By understanding your rights and how the law works, you can help create and maintain environments where everyone feels safe, respected, and able to be themselves. If you believe you have experienced discrimination, it is important to know your options and seek advice or support when needed. For further guidance, visit Equality Act 2010.
What to Do if You Experience Sexual Orientation Discrimination
If you believe you have experienced discrimination because of your sexual orientation, it’s important to act promptly and know your rights to ensure fair treatment. The law offers strong protections, but taking the right steps can make a significant difference in resolving the issue and protecting yourself and others from future discrimination.
1. Recognise and Understand Discrimination
Start by making sure you can identify what counts as discrimination. Discrimination can take many forms, including being treated unfairly at work, being denied services, or facing harassment because of your sexual orientation. To help you understand discrimination, read about the different types and how they might apply to your situation.
The Equality Act 2010 is the main law protecting you from sexual orientation discrimination. It covers workplaces, schools, shops, public services, and more.
2. Gather Evidence and Document Incidents
If you suspect discrimination, keep a detailed record of what happened. This might include:
- Dates, times, and locations of incidents.
- Names of people involved or witnesses.
- Copies of emails, messages, or written communications.
- Notes about what was said or done and how it made you feel.
Having clear evidence will strengthen your case if you need to make a complaint or take legal action.
3. Seek Advice and Support
You don’t have to handle discrimination alone. There are organisations and services that can help:
- If the discrimination happened at work, ACAS (Advisory, Conciliation and Arbitration Service) offers free, confidential advice on your rights and what steps to take.
- For emotional support or further guidance, consider contacting local LGBTQ+ support groups or charities.
If you have experienced threats, violence, or harassment related to your sexual orientation, you may also need to report hate crimes. This ensures your safety and may help prevent similar incidents in the future.
4. Try to Resolve the Issue Informally
In many cases, problems can be resolved by raising your concerns directly with the person or organisation involved. For example:
- At work: Speak to your manager, HR department, or union representative.
- With a service provider: Make a formal complaint to the business or organisation.
Be clear about what happened and how you would like the situation to be resolved. Organisations are legally required to take complaints of discrimination seriously and investigate them properly.
5. Make a Formal Complaint or Take Legal Action
If informal steps don’t resolve the issue, you may need to make a formal complaint or take legal action.
- Employment disputes: If you’re unable to resolve the issue at work, you can make a claim to an Employment Tribunal. There are strict time limits for bringing a claim – usually three months from the date of the discrimination – so act quickly.
- Outside the workplace: For discrimination in other settings, you may be able to take your case to court. It’s wise to seek legal advice before doing so.
6. Know Your Rights and Act Quickly
Remember, the law is on your side. The Equality Act 2010 makes it unlawful to discriminate against someone because of their sexual orientation. Acting promptly – by gathering evidence, seeking advice, and making complaints within the relevant time limits – gives you the best chance of achieving a fair outcome.
For further information about discrimination at work and the support available, visit ACAS (Advisory, Conciliation and Arbitration Service).
If you need more guidance on how discrimination cases are handled at tribunal, see Discrimination cases at the Employment Tribunal | EHRC.
Taking these steps can help you protect your rights and contribute to a fairer, more inclusive society for everyone.
Related Topics and Further Reading
Understanding your rights around sexual orientation discrimination is just one part of the broader protections offered by the Equality Act 2010. To help you get a fuller picture of your legal rights, it’s useful to explore how the law protects against other forms of discrimination. Learning about these related topics can empower you to recognise unfair treatment in different areas of life and take steps to protect yourself or support others.
Other Types of Discrimination Under the Equality Act 2010
- Age discrimination: The law protects people of all ages from being treated unfairly because of how old they are. This can apply in the workplace, when accessing services, or in education.
- Disability discrimination: If you have a physical or mental impairment, you are protected from discrimination, including the right to reasonable adjustments at work or in public services.
- Gender and sex discrimination: This covers unfair treatment based on your gender, whether you are male, female, or non-binary, and includes issues such as equal pay and sexual harassment.
- Pregnancy and maternity discrimination: If you’re pregnant or on maternity leave, the law protects you from being disadvantaged at work or when using services.
- Race discrimination: You are protected from discrimination because of your race, including colour, nationality, ethnic or national origins.
- Religious or belief-based discrimination: The Equality Act 2010 also protects people from being treated unfairly because of their religion or beliefs, or lack thereof.
- Trans and non-binary discrimination: If you are trans or non-binary, you have specific protections against discrimination related to your gender identity.
Each of these topics is closely connected to sexual orientation discrimination, as they all fall under the protected characteristics set out in the Equality Act 2010. By understanding how the law approaches different types of discrimination, you can better identify your rights in complex situations – such as cases where more than one form of discrimination may occur at the same time (known as “dual discrimination”).
For a deeper explanation of how sexual orientation discrimination fits within the wider framework of equality law, you can read guidance from the Equality and Human Rights Commission. This resource explains your rights in detail and offers practical advice for dealing with discrimination.
By exploring these related topics, you’ll be better equipped to recognise discrimination in all its forms and take informed action if you, or someone you know, experiences unfair treatment. If you want to know more about the legal background, the Equality Act 2010 provides a comprehensive overview of the law and its protections for everyone in the UK.
Marriage and Family Rights for Same-Sex Couples
Marriage and Family Rights for Same-Sex Couples
In the UK, people of all sexual orientations have the right to marry or enter into a civil partnership. These rights are protected by law, ensuring that same-sex couples are treated equally when it comes to marriage, family life, and related legal matters.
Marriage and Civil Partnership Rights
Since 2014, same-sex couples have been able to marry in England, Wales, and Scotland, with Northern Ireland following in 2020. Before this, the Civil Partnership Act 2004 allowed same-sex couples to gain legal recognition of their relationship and enjoy many of the same rights as married couples. Today, both marriage and civil partnerships are available to same-sex and opposite-sex couples, offering similar legal protections and responsibilities.
To learn more about the differences and similarities between these options, see our guide on marriage and civil partnerships.
Legal Support for Family Life
The Equality Act 2010 makes it unlawful to discriminate against someone because of their sexual orientation, including in matters related to marriage and family life. This means that same-sex couples have the same legal standing as opposite-sex couples when it comes to issues like adoption, parental responsibility, and inheritance.
For example, same-sex spouses and civil partners have equal rights to adopt children, make medical decisions for each other, and share parental responsibility. These protections ensure that families headed by same-sex couples are recognised and supported under UK law.
Rights and Responsibilities Under UK Family Law
Same-sex couples who marry or form a civil partnership have the same legal responsibilities as any other couple. This includes financial support, property rights, and obligations towards any children in the family. If a relationship breaks down, both partners have equal rights regarding divorce or dissolution and the division of assets.
Importantly, these rights also extend to protection from discrimination in areas such as housing, employment, and access to services. If you are treated unfairly because of your sexual orientation in any family-related matter, you may have legal grounds to challenge this under the Equality Act 2010.
Recognising and Protecting Your Rights
Recognising and respecting the marriage and family rights of same-sex couples is essential for preventing discrimination and promoting equality. Legal recognition – whether through marriage or civil partnership – provides security and clarity for couples and their families, ensuring access to all the rights and responsibilities that come with legal partnership.
If you want to understand more about your options, the legal process, or the protections available, explore our dedicated page on marriage and civil partnerships. For a deeper look at the origins and impact of civil partnerships in the UK, you can also read the Civil Partnership Act 2004.
Understanding your rights is the first step to ensuring you and your family are treated fairly and equally under the law.
