LGBT+ History Month: What it is and why we should celebrate?

February is here, and that means LGBT+ History Month has started. Every year, the rainbow flag is raised to celebrate the community and highlight the issues it faces.

LGBT+ History Month first started in the US back in 1994 and was taken up by the UK in 2005. Its primary focus aims to teach young people about the gay rights movement while educating them about homophobia, biphobia and transphobia and the effects of discrimination.

February was the chosen month to celebrate, to coincide with the repeal of Section 28 of the Local Government Act which prohibited the ‘promotion of homosexuality’ by local authorities in Britain from 1988 to 2003.

Now, laws and protections are in place to protect the LGBT+ community from discrimination, and serious consequences can occur if these are broken.

But although regulations such as the Equality Act are in place, hate crimes and discrimination still occur today. In the year ending March 2023, the devastating figures show 145,214 hate crimes recorded by the police in England and Wales (excluding Devon and Cornwall) – which emphasises that work still needs to be done.

While figures show that almost one in five LGBT staff (18%) have been the target of negative comments or conduct from work colleagues because they’re LGBT.

LGBT+ Discrimination – the law

It is against the law to discriminate against anyone because of:

Age
Gender reassignment
Being married or in a civil partnership
Being pregnant or on maternity leave
Disability
Race including colour, nationality, ethnic or national origin
Religion or belief
Sex
Sexual orientation

These are called ‘protected characteristics’.

Where you are protected

At work
In education
As a consumer
When using public services
When buying or renting property
As a member or guest of a private club or association

You’re legally protected from discrimination by the Equality Act 2010.

You are also protected from discrimination if:

You’re associated with someone who has a protected characteristic, for example a family member or friend
You’ve complained about discrimination or supported someone else’s claim

Discrimination at Work

The law protects you against discrimination at work, including:

Dismissal
Employment terms and conditions
Pay and benefits
Promotion and transfer opportunities
Training
Recruitment
Redundancy

Some forms of discrimination are only allowed if they’re needed for the way the organisation works, for example:

A Roman Catholic school restricting applications for admission of pupils to Catholics only
Employing only women in a health centre for Muslim women

What does workplace discrimination look like?

Discrimination in the workplace is not necessarily obvious. Please see below the different forms of discrimination which may present themselves in the workplace:

Direct Discrimination – Treating a person less favourably because of one or more Protected Characteristics.
Indirect Discrimination – There may be a workplace provision, criterion, or practice (PCP) which is not intended to be discriminatory but which has the effect of disadvantaging employees with a particular Protected Characteristic. For example, a policy that unfair disadvantages a group of employees with one of the Protected Characteristics.
Harassment – Harassment occurs when an employee is subjected to unwanted conduct relating to one or more Protected Characteristic which has the purpose or effect of either violating the employee’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment for the employee.
Victimisation – Victimisation means being ‘punished’ for reporting something at work that you believe is unfair such as being discriminated against.

What should I do if I have been discriminated against?

If you believe that you are being treated unfairly at work because of one of the protected characteristics, you may have a discrimination claim.

Please contact Oakwood Solicitors Ltd as soon as possible to speak to one of our employment advisors.

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