Sex or Sexual Orientation Discrimination at Work

Legal Support for Gender and LGBTQ+ Equality in the Workplace – For Employees and Employers

At The Jonathan Lea Network, we believe that everyone—whether you’re an employee, employer, HR professional or business leader—deserves clarity and support in fostering a workplace that upholds respect, dignity and equality for all, regardless of sex, gender identity or sexual orientation.

Whether you’ve personally experienced discrimination or are an employer looking to ensure compliance and fairness within your organisation, or you are in the middle of a dispute, our expert employment law solicitors provide tailored guidance to help you navigate your legal obligations and rights.

What Is Sex or Sexual Orientation Discrimination?

Sex and sexual orientation are both protected characteristics under the Equality Act 2010. This means it is unlawful for an employer to treat someone less favourably because:

• They are male, female, or identify with a specific gender (sex discrimination)

• They are attracted to people of the same sex, opposite sex, or both (sexual orientation discrimination)

The law also protects against perceived discrimination (e.g. someone believes you are gay) and associative discrimination (e.g. you are treated differently because of your connection to someone who is LGBTQ+).

These protections apply not only to individuals asserting their rights, but also place duties on employers to maintain inclusive, discrimination-free workplaces. This includes ensuring that policies, procedures, and conduct align with the Equality Act 2010.

Types of Discrimination

Direct Discrimination

Occurs when someone is treated less favourably because of their sex or sexual orientation.

Examples:

• A woman is paid less than a man doing the same role without a valid reason
• A gay employee is excluded from social or networking opportunities due to their sexuality

Indirect Discrimination

Happens when a workplace policy or rule applies to everyone but disproportionately disadvantages a particular group, without justification.

Example:

• A policy requiring all staff to work late may disadvantage women with childcare responsibilities, which could amount to indirect sex discrimination

For employers: Regularly review policies to ensure they are inclusive and not inadvertently discriminatory. Always ensure a legitimate business justification for any rule that impacts specific groups.

Harassment

Unwanted behaviour related to sex or sexual orientation that violates a person’s dignity or creates an intimidating, hostile or offensive environment.

Examples:

• Inappropriate jokes or comments about someone’s gender or sexuality
• Displaying offensive materials
• Mocking or stereotyping LGBTQ+ individuals

Victimisation

Treating someone unfairly because they have complained about discrimination or supported someone else’s complaint.

Example:

• You help a colleague with a sexual orientation discrimination grievance and are then sidelined from key projects

Common Workplace Issues We Advise On

We assist both individuals and organisations across a range of workplace issues related to sex, gender and sexual orientation. Whether you’re navigating a grievance as an employee or managing an internal complaint as an employer, we provide clear, confidential legal support.

For employees:

• You’ve been passed over for promotion due to your gender
• Your employer discourages open discussion of LGBTQ+ issues or relationships at work
• You’re subjected to sexist or homophobic remarks or behaviour
• You’re selected for redundancy or dismissal because of your gender identity or sexual orientation
• You’re denied benefits or flexibility available to colleagues in heterosexual relationships
• A manager questions your ability to lead because you are a woman or openly gay

For employers:

• You’re unsure whether a workplace policy may indirectly discriminate against certain groups
• A grievance has been raised and you need advice on how to investigate and respond
• You want to improve your internal processes for handling harassment complaints
• You’re negotiating a settlement agreement and require legal input
• You’re reviewing diversity and inclusion training or policies for legal robustness

Whether the discrimination is explicit or subtle, isolated or systemic, our legal team is here to help.

Your Rights Under the Equality Act 2010

As an employee or job applicant, you are protected under the Equality Act from:

• Unequal treatment in recruitment, pay, benefits, training, promotion, and dismissal
• Harassment or bullying due to your sex or sexual orientation
• Policies that disadvantage certain groups without legitimate justification
• Retaliation for making or supporting a discrimination complaint

You do not need a minimum length of service to bring a claim.

For employers: The Equality Act also places legal duties on you to prevent discrimination, ensure fair treatment, and act appropriately when concerns are raised. Failure to comply can result in significant legal and reputational risk.

What Should You Do If You’re Discriminated Against?

If you suspect discrimination, take the following steps:

• Document everything – including emails, meeting notes, and any offensive communications
• Raise the issue informally – with your manager or HR department, if safe to do so
• Submit a formal grievance – if the behaviour continues or isn’t addressed
• Seek legal advice early – we can help you understand your rights and strengthen your position

⏳ Important: You typically have three months less one day from the last act of discrimination to start a claim at an Employment Tribunal.

📌 Employer Tip: If an employee raises a concern about discrimination, ensure you follow a fair and transparent grievance procedure. Seek legal advice early to reduce the risk of escalation and maintain trust within your team.

How We Can Help

At The Jonathan Lea Network, we provide clear, compassionate and confidential support at every stage.

For Employees and Individuals:

• Reviewing your case and advising on the strength of your claim
• Drafting formal grievances or letters to your employer
• Negotiating settlement agreements or severance packages
• Representing you in Employment Tribunal proceedings
• Advising on connected claims such as unfair dismissal or equal pay

For Employers:

• Advising on workplace policies and Equality Act compliance
• Guiding internal investigations and grievance procedures
• Drafting or reviewing staff handbooks, D&I policies, and disciplinary procedures
• Representing you in Employment Tribunal claims
• Negotiating exits or settlement agreements with staff
• Delivering staff training on discrimination, harassment and equality

Whether you want to resolve things discreetly or take decisive legal action, we’ll guide you toward the most appropriate and effective path.

Why Choose The Jonathan Lea Network?

✅ Experienced employment solicitors with a strong record in discrimination claims
✅ Respectful and inclusive approach that champions equality and dignity
✅ Strategic guidance that prioritises your well-being and long-term goals
✅ Transparent fee options, including fixed-fee consultations
✅ Remote consultations available for clients across the UK
✅ Trusted by businesses to deliver pragmatic and legally sound HR and employment advice
✅ Proactive support to help reduce the risk of claims and promote an inclusive workplace

We’ve supported professionals and organisations across a wide range of sectors—from corporate and legal services to healthcare, education and technology.

Contact Us Today

Discrimination based on sex or sexual orientation is unlawful and unacceptable. Whether you’re facing unfair treatment at work or need legal guidance as an employer, contact our expert team for confidential, practical advice.

📞  Call us: 01444 708 640
📧  Email: wewillhelp@jonathanlea.net
📩  Or fill in our Contact Form

Image Credit to SA AM