Author: Samantha Stokes, HR Business Partner for PACT HR

Published: 14th February 2022

According to the CIPD health and wellbeing at work 2021 survey, 83% of employers are providing more tailored support for employee’s individual needs, one of which is flexibility.  However, LGBT+ workers have been reporting poorer wellbeing outcomes than their heterosexual colleagues which is a cause for concern.

The CIPD inclusion at work: perspective on LGBT+ working lives reported that LGBT+ employees are less likely to say that work has a positive impact on their health than heterosexual & cisgender employees. A recent change that organisations have implemented is the introduction of gender pronouns to name tags and email signatures. Gender pronouns are words that an individual would like others to use when talking to or about them. For example, “he, him, his” and “she, her, hers”. Those who are transgender, non-binary or gender non-confirming may choose to use pronouns such as “they, them theirs”. 

Sexual Orientation Discrimination

Sexual orientation is a protected characteristic under the Equality Act 2010. This part of the legislation is primarily designed to protect someone based on their sexual orientation. Therefore, LGBT+ employees and job applicants are protected against direct and indirect sexual orientation discrimination, harassment and victimisation.

Cases of Discrimination

In the case of Taylor V Jaguar Land Rover the court ruled in favour of Taylor with regards to discrimination, harassment, victimisation and constructive unfair dismissal. The compensation was also uplifted by 20% due to Jaguar Land Rover’s failure to comply with ACAS code of Conduct practice in relation to Taylor’s grievance, over all Taylor was awarded £180,000 in compensation.

The ruling broke new ground in ensuring the protection of gender fluid employees from discrimination under the protected characteristic of gender reassignment within the Equality Act.

It’s important to acknowledge that unconscious bias is happening in the workplace and actions should be taken in addressing this. Having relevant policies and open conversations is a good way to start and will help attract, retain and nurture the right skills regardless of the differences among the team.

Recommendations for Managers & Organisations

• Update diversity and inclusion policies to include gender fluidity and promote it amongst staff.
• Educate and support line managers to understand the importance of inclusivity.
• Have open and honest conversation with LGBT+ employees and gain their perspective and use that data to make improvements to organisational policies or specific benefits.
• Treat employee complaints with the same seriousness as other bullying and harassment cases.

How PACT HR can help

PACT HR are pleased to bring you a session focusing on LGBT+ Awareness delivered by Jake Furby from Diversity Enterprises. This session can be carried out online by following this link to the PACT HR website where you will find a workbook and online awareness session that can carried out at a time convenient for you.

Additionally, PACT HR provides invaluable support and advice from highly knowledgeable and friendly staff and access to a wealth of information; regarding HR policies, staffing, and employment. For more information on how we can best support you and your team, please contact the PACT HR helpdesk on 01274 436644 or email us at info@pact-hr.co.uk for more details.