Nearly three in ten LGBT+ people choose to keep their sexual orientation a secret at work. Research by the Trade Union Congress (TUC) found that half of LGBTQ+ employees are facing bullying and harassment at work, including physical violence, threats or intimidation.
Although the TUC has been calling on ministers to change the law to put the responsibility for preventing harassment on employers and not the victims, good employers should be taking steps to make sure workplaces are inclusive for all.
Partner and employment specialist at Nelsons, Laura Kearsley, is outlining how businesses can better support their LGBTQ+ employees beyond Pride month.
Supporting LGBTQ+ workers
The Equality Act 2010 protects people from discrimination at work and it is unlawful to treat someone differently due to protected characteristics including gender, sex, age and religion.
Despite having these rules laid out, there is still unlawful discrimination taking place, and LGBTQ+ workers are still face significant discrimination, affecting both businesses and employees. It is vital that employers offer a safe working environment for all their employees, and set clear rules to avoid discrimination claims.
The importance of employers creating an inclusive workplace culture
The findings of this research illustrate the importance of employers creating a workplace culture whereby inclusivity is encouraged and there is a zero tolerance approach to bullying and harassment of any kind. LGBTQ+ workers should feel that they can raise any concerns or complaints they may have and have confidence that those will be listened to and dealt with appropriately. This not only serves to improve the mental and physical wellbeing of those workers, but improves employee relations and retention rates.
Discrimination claims
From an employment law perspective, employees are protected under the Equality Act 2010 from being unlawfully discriminated against because of their sexual orientation (i.e. because they are attracted to persons of the same sex, opposite sex or the same or opposite sex), or on grounds of gender reassignment.
If an employee succeeds in bringing a discrimination claim against their employer, an Employment Tribunal has the power to award compensation for loss of earnings and injury to feelings. Such compensation is potentially uncapped. A discrimination claim will not only lead to financial losses for a business, but its reputation will also heavily suffer, and may impact retention and recruitment.
Advice to employers so they can support LGBTQ+ workers
It is apparent from this recent research that more needs to be done by employers to support LGBTQ+ workers in the workplace and develop a greater understanding of their experiences.
Employers should ensure LGBTQ+ workers have mechanisms to raise concerns. For example, is your dress code policy discriminatory? If your current policy imposes gender-specific dress codes and doesn’t allow employees to be their authentic self this could be updated to better reflect the needs of your workers.
In line with the above, it would be wise for employers to refresh equality training for employees and review and adopt sound written equality policies clearly setting out how LGBTQ + workers and those who change their gender identity should be treated and directing managers on how to approach and deal with any unacceptable behaviour or conflict.
Employers could also create employee resource groups to help better understand the value of diversity and inclusion and offer support and a forum where LGBTQ+ workers can raise important issues and make suggestions as to areas where possible improvements can be made.
