The cost of being out at work
LGBT rights. The employment rights of workers who are lesbian, gay, bisexual and transgender (LGBT) have significantly improved over the last two decades. However, new research published by the Trades Union Congress (TUC) (see Follow up ) reveals that equality in the workplace is still not the experience of many LGBT workers.
Survey results. The survey of over 5,000 LGBT workers found that 36% had experienced harassment or bullying at work, with 39% having been harassed or discriminated against by a work colleague and 29% by a manager. Only one third reported the latest incident to their employer and only one in eight reported it to HR. Where an incident had been reported, only a third felt the issue had been properly resolved. With only half of the LGBT workers surveyed being open about their sexuality to everyone at work, this puts the scale of the problem in context.
Pro advice 1. Sexual orientation and gender reassignment are both “protected characteristics” under the Equality Act 2010 . Check that your equal opportunities and dignity at work policies (see Follow up ) specifically include them and that they provide for a zero-tolerance approach to all forms of harassment and discrimination.
Pro advice 2. Training is also paramount. Ensure that staff at all levels of the business receive regular equality training, preferably delivered by someone who specialises in it. This will help ensure your workers understand their role in ensuring your workplace is free from harassment and discrimination, as well as potentially providing you with a “reasonable steps” defence to an employment tribunal claim which is based on the actions of employees where otherwise you could be vicariously liable.
Pro advice 3. If you do receive a complaint, treat it seriously, resolve it in as short a timeframe as possible and, where it’s upheld, take firm disciplinary action against the perpetrator and provide ongoing support for the victim.
The Cost of Being Out at Work
Equal opportunities policy
Dignity at work policy
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