Website of the UK government

How the law defines sexual orientation

Under the law you shouldn't be discriminated against because of your sexual orientation or 'perceived' sexual orientation - including orientation towards someone of the same sex (lesbian/gay), opposite sex (heterosexual) or both sexes (bisexual).

Where the law applies

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.

Direct discrimination

You shouldn't be treated less favourably (for example, being refused employment) because of your sexual orientation or because an employer thinks you are of a certain sexual orientation.

If an employer gives benefits to opposite sex unmarried partners of its employees (eg the employees opposite sex partner is able to drive the company car), refusing the same benefits to same-sex partners could be discrimination.

Since December 2005, same-sex couples can register a civil partnership. A civil partner is entitled to the same benefits as a married person (for example, survivors benefits under a company pension scheme.

• Civil partnerships - find out more Opens new window

'Genuine occupational requirements' are allowed though, if the employer can show that the job has to be done by someone of a particular sexual orientation. For example, an organisation advising on and promoting gay rights may be able to show that it is essential to its credibility that the chief executive, who will be the public face of the organisation, should be gay. The sexual orientation of the holder of that post may therefore be a genuine occupational requirement.

Indirect discrimination

You have the right not to be disadvantaged by a policy at work because of your sexual orientation. For example, if your company arranges a conference in a country where homosexuality is illegal and there is no good reason for it to be held there, this could be classed as indirect discrimination.

Indirect discrimination is unlawful whether or not its done on purpose. Its only allowed if its necessary for the running of the business.

Harassment and victimisation

The law protects you from harassment or victimisation because of your sexuality or perceived sexuality. This applies if you're intentionally or unintentionally bullied, or if theres a general culture of disrespect (for example, one in which homophobic jokes are made). The harassment can take place at work or in a work-related setting (for example, a social event away from the workplace).

You're also protected against harassment through being associated with another person. If you have a lesbian friend, for example, you don't have to put up with jokes from other employees at her expense.

You also have the right not to be victimised. This means that you mustnt be treated less favourably because you've complained, or been involved in a complaint, about sexual orientation discrimination.

• Read guidance on bullying in the workplace

Sexual orientation and religion in the workplace

You may work with a colleague who has strong views on your sexual orientation because of their religion. However, this doesn't mean they can bully or harass you. In the workplace, everyone has the right to be treated with respect, no matter what their sexual orientation.

• Find out more about religious discrimination

Disclosing your sexuality to your employer

Some employers ask for details of the sexual orientation of employees - either for monitoring purposes or as part of an equal opportunities questionnaire. However, you don't have to give this information.

What to do next

If you think you've been discriminated against, victimised or harassed at work because of your sexual orientation, talk to your employer or personnel officer. If you belong to a trade union, you can contact your union representative. If you cannot resolve the matter informally, you can follow the grievance procedure in your contract of employment. Keep a written record of any harassment to show your employer.

• Guidance on resolving disputes in the workplace
• More about grievance procedures
• Contracts of employment - read more details

If you're unhappy with the way your employer deals with your complaint, you can take your case to an Employment Tribunal.

If you've been sacked because of your sexual orientation, you can take your case to an Employment Tribunal, regardless of how long you've worked there.

If you feel you were not offered a job because of your sexual orientation you can take the matter to an Employment Tribunal

• How to resolve a problem at work

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.

• Acas Opens new window

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

• Find your local Citizens Advice Bureau Opens new window

Seek legal advice from a Solicitor or Advice Agency on discrimination issues

• Seek legal advice

If you are a member of a trade union, you can get help, advice and support from them.

• More about trade unions

More useful links

• Detailed guidance on discrimination at work from the Department for Business, Enterprise and Regulatory Reform Opens new window
• What to do if you're being bullied at work
• Read the Acas Guide on Sexual Orientation and the Workplace  Opens new window
• Advice for employers on sexual orientation discrimination from Business Link Opens new window