The Employment Equality (Sexual Orientation) Regulations 2003
Your right to express your own sexual orientation is protected by these rules, making it an offence to discriminate against, harass or victimise anyone on the grounds of sexual preference in employment and vocational training.

The regulations protect lesbians, gay men, bisexuals and heterosexuals in all areas of employment including recruitment, pay, promotion, transfers, training and dismissal.

However, people who undergo a gender reassignment (sex change) are not protected under these regulations. They are treated under a separate part of the same regulations, with slightly different terms: the Sex Discrimination (Gender Reassignment) Regulations 1999.

What’s classed as discrimination?
As with all forms of discrimination, outright harassment is strictly prohibited by these regulations. If you’re a victim of verbal or physical abuse, you should confront the situation as soon as possible.

Direct discrimination occurs, for example, when you are overlooked for a job or promotion opportunity as a consequence of your sexual orientation. Indirect discrimination on the other hand is harder to prove and could cover anything from not being invited out on social occasions or asked to do something for work that you don’t agree with.

You may also discover that other people on your level or pay scale are enjoying perks that you have not been offered. Keep an eye on what’s happening around you, and stay aware of whether these things could be in breach of the rules.

Discrimination doesn’t need to be applied to you directly to make your life unbearable. You may be straight, but a close friend, colleague or family member may be gay or lesbian, and you could suffer harassment as the result of that. The law also protects you.

There are some exceptions. For example, discrimination is allowed when there is a genuine reason for requiring an employee to have a particular sexual orientation. These cases include religious bodies like churches, mosques or faith schools, due to a religion’s doctrine or the ‘strongly held religious convictions of a significant number of the religion’s followers’.

In the same way, organisations that actively promote gay and lesbian rights are legitimately allowed to specify that key employees must be lesbian or gay to avoid loss of credibility in the public arena.

What to do if you have been discriminated against
As ever, it is always best to try to resolve any grievance amicably. Begin by addressing any issues you may have with your employer and any relevant colleagues. If you still draw a blank or find your complaint summarily rejected, you can resort to an Employment Tribunal or the County Court.

If you do have to take this form of action, you start from a strong position. It is up to your employer to prove you have not been discriminated against, not the other way round. The law is with you until your complaint has been proved unjust.

However, going to court usually involves the expense of hiring legal representatives and it will certainly involve a lot of heartache and soul-searching. With these things in mind, make sure you have a strong case before resorting to law. Talk to any friends who may have experienced something similar, and take advice from a lawyer or professional body before proceeding.