9 February 2012
This information applies to England, Wales and Scotland
Discrimination because of sexuality is when you are treated unfairly because of your sexuality. Sexuality is also know as sexual orientation.
Your sexual orientation depends on whether you are sexually attracted towards:
If sexuality discrimination takes place in any of the following situations it is illegal and you may be able to take action about it.
Discrimination because of sexuality can be direct or indirect. It can also take the form of victimisation or harassment.
It's also illegal to discriminate against you because:
For more information about discrimination because of gender reassignment, see Taking action about sex discrimination.
It is direct discrimination to treat you less favourably because of your sexuality than someone of a different sexuality would be treated in the same circumstances.
It is also direct discrimination to treat you less favourably because of the sexuality of someone you know, such as a family member or friend (discrimination by association).
To prove direct discrimination, it will help if you can give an example of someone from a different sexuality who, in similar circumstances, has been, or would have been, treated more favourably than you.
Abuse and harassment because of sexual orientation are forms of direct discrimination.
Here are some possible examples of direct discrimination because of sexuality:
It is indirect sexuality discrimination to have a rule, policy or practice which someone of a particular sexuality is less likely to be able to meet, and this places them at a disadvantage to people of a different sexuality.
An example of indirect discrimination because of sexuality is where a club has a policy of offering free membership to all husbands and wives of its members, but not to civil partners.
If you think that indirect sexuality discrimination might have occurred, you may be able to make a complaint about it. However, if the person or organisation you are complaining about can show that there are genuine reasons for the rule, policy or practice and that it has nothing to do with sexuality, this won't count as discrimination.
If you complain about sexuality discrimination, you shouldn’t be victimised because you complained. This means that you shouldn’t be treated unfairly just because you’ve made a complaint.
Making a complaint includes taking a case to court, going to an employment tribunal or standing up for your rights in some other way.
You can get protection if you are victimised because you’ve made a complaint about sexuality discrimination. You can also get protection from discrimination for helping someone else to make a complaint about sexuality discrimination, for example, by giving evidence as a witness in court.
An example of victimisation would be where a lesbian tenant had previously made a claim of discrimination against the manager of the property management company. The company refuses to allow the tenant to use facilities which are available to other tenants. This is victimisation and you can take action about it.
It is illegal for an employer to discriminate against you because of your sexuality. This includes all employers, no matter how few people they employ. Most workers, including employees, agency workers, trainees and those who are self-employed have protection from sexuality discrimination at work. This includes:
Here is an example of sexuality discrimination:
An employer allows a man whose female partner is pregnant to take annual leave so that he can go to ante-natal appointments with her.
The employer refuses a similar request from a woman whose female partner is pregnant. This is likely to be direct discrimination because of sexual orientation.
There are some circumstances where an employer is allowed to treat you unfavorably because of your sexuality. If an employer can show that you need to be of a particular sexual orientation in order to do a certain job, they can insist on employing someone of that sexual orientation. This is known as an occupational requirement and does not count as discrimination.
An example of an occupational requirement is where the employers of a religious Minister insist that they can't employ a transsexual person or a gay man in order to avoid offending the religious convictions of the religion's followers.
For more information about sexuality discrimination at work, see What can I do if my employer is treating me unfairly because of sexuality.
Someone who provides goods, facilities and services would be discriminating against you if, because of your sexuality, they:
Examples of organisations which provide goods or services include:
For more examples of organisations which provide goods and services, see the Equality and Human Rights Commission website at: www.equalityhumanrights.com.
An example of discrimination in goods, facilities and services is where a hotel, guesthouse or B&B refuses a booking from a same-sex couple, or stops them from booking a double room.
It is illegal to discriminate against someone because of their sexuality, regardless of how the goods and services are provided or whether you have to pay for them or not.
It is not discrimination for a business to provide goods, facilities or services which are aimed especially at the gay community. They don't have to start providing similar goods, facilities or services aimed at heterosexuals. However, the business is not allowed to turn away any heterosexual customers. For example, a lesbian and gay bookshop doesn't have to stock books aimed at heterosexual readers, but can't turn away heterosexual customers who want to buy its books.
If you're in a civil partnership, someone who provides goods, facilities or services is not allowed to treat you differently to how they would treat a married couple. Goods, facilities and services available to unmarried opposite-sex couples must be available to same-sex couples not in a civil partnership.
You can't be turned away from pubs, bars, restaurants or nightclubs because of your sexuality. This applies if you're gay, lesbian, bisexual or heterosexual. So, for example, you can't be asked to leave a bar just because you're gay or lesbian. And a gay bar can't turn you away simply because you're heterosexual. However, they can turn you away if you make nasty comments about gay people or don't respect the fact that you're in a gay space.
Private members' clubs and associations with more than 25 members are not allowed to discriminate against you because of your sexuality. However, it doesn't count as discrimination if the main purpose of the club or association is to provide benefits to lesbians, gay men or bisexuals. This applies particularly if their purpose is to offer privacy or a safe, supportive environment. For example, if the main purpose of a gay football club is not to compete in tournaments but to provide a safe social space for gay men, it could refuse to allow heterosexual men to join if that would change the whole nature of the club.
Banks, building societies and other financial service providers are not allowed to refuse you a loan, grant, credit or other financial services because of your sexuality.
Insurers aren't allowed to use your sexuality as a condition on its own for not offering you insurance.
Travel companies can't refuse to sell you a holiday because of your sexuality. For example, if a holiday is offered as couples only, it must be offered to both heterosexual and same-sex couples.
Charities aren't allowed to exclude people because of their sexuality. However, they can provide services for people of a particular sexual orientation if their purpose is to help that group. For example, a charity might exist to support homeless gay men or give counselling to young lesbians with mental health issues.
Religious organisations can refuse to provide services to you under certain circumstances. For example, a religious retreat may be allowed to turn you away because you're lesbian, gay or bisexual, or a church may be allowed to refuse to allow a gay group to hold meetings on its premises.
It's illegal for a public authority to discriminate against you because of your sexuality while carrying out any of it's functions. Public authorities includes government departments, local authorities, NHS trusts, courts and tribunals, police officers and prisons.
On top of this, public authorities have a legal duty to take action against discrimination and to actively promote equality.
It's illegal to publish or broadcast an advert which discriminates because of sexuality, or which advertises discriminatory services.
This means that a business is not allowed to advertise goods, facilities or services which are only available to heterosexuals.
In the same way, a gay business is not allowed to advertise that heterosexual people are excluded from its' facilities. However, it is allowed to say that it's a 'gay-friendly' business.
You won't be able to take action about advertising which discriminates. Action about advertising which discriminates must be taken by the Equality and Human Rights Commission (EHRC).
An adoption or fostering agency is not allowed to refuse to place children with you just because you're lesbian, gay or bisexual.
This applies to all adoption and fostering agencies.
Gay men are banned from acting as blood donors.
Educational establishments such as schools, colleges and universities are not allowed to treat you differently because of your sexuality. They are not allowed to treat you differently if your parents are lesbian, gay or bisexual.
This applies to both state and private schools and colleges.
A school or college must not discriminate in any of its policies and practices. This includes its:
Teachers must recognise your needs and tackle homophobic bullying, that is, bullying because of your sexuality.
Faith schools can still teach that their religion sees being lesbian, gay or bisexual as wrong. However, they must not do this in a way that puts you at a disadvantage compared with other pupils.
You can make a complaint about discrimination by a school, college, university or Local Education Authority in your local county court (sheriff court in Scotland).
If your complaint is about a school, you should first try to resolve your complaint by talking to the school's headteacher. If you are still unhappy, you can then take your complaint to the school's governing body.
For more information about how to complain about a school, see Problems at school.
If your complaint is about a college or university, you should first use the institution's own complaints procedure. If you are complaining about a further education college funded by the Skills funding Agency you could also complain to the Agency. Information about how to do this is available on the Agency's website at: www.skillsfundingangency.bis.gov.uk.
If your complaint is about a university in England or Wales, you could take your complaint to the Office of the Independent Adjudicator (the OIA).The OIA can be contacted at:
Third Floor
Kings Reach
38-50 King's Road
Reading
RG1 3AA
Tel: 0118 959 9813
Website: www.oiahe.org.uk.
If you have a complaint about a university in Scotland, you should complain to the Scottish Public Services Ombudsman at: www.spso.org.uk.
For more information about how to use an ombudsman in Scotland and when to use one, see How to use an ombudsman or commissioner in Scotland.
If you are thinking about taking court action about discrimination, you should get advice from an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your local CAB including those that can give e-mail advice, click on nearest CAB.
In general, it is illegal for a landlord or someone who is acting on their behalf such as a letting agency to discriminate against you because of your sexuality. This means they can't refuse to rent you a property because of your sexuality, offer you the property on less favourable terms or treat you less favourably than other tenants.
Landlords includes private landlords and social housing landlords such as local authorities and housing associations.
For more information about being housed by a social housing landlord, see Finding accommodation.
To find out more about your rights as a tenant of a private landlord, see Renting from a private landlord
In England and Wales, to find out more about your rights as a tenant of a social housing landlord, see Renting from a social housing landlord.
In Scotland, to find out more about your rights as a tenant of a public sector landlord, see Renting from a public sector landlord.
There are some situations where it is not illegal to discriminate because of your sexuality when renting out property.
If the landlord both owns and lives in the accommodation they are renting out, they can choose not to rent it to you because of your sexuality. But if they publish an advert to rent it or use an agency, they are not allowed to discriminate because of your sexuality.
It is not illegal to discriminate against you because of your sexuality when a landlord is renting out accommodation which counts as a small dwelling. A small dwelling is accommodation where all of the following apply:
In general, it is illegal for someone who is selling a property to discriminate against you because of your sexuality.
This means that they can't refuse to sell you a property because of your sexuality or sell it to you on less favourable terms.
However, there is an exception to this rule. If an owner-occupier is selling their property without using an estate agent, they can choose not to sell it to you because of your sexuality. But if they publish an advert to sell it, they are not allowed to discriminate.
For more information about buying a home see Buying a home.
If you think you’ve suffered discrimination because of your sexuality, there are a number of things you may be able to do. These include:
If you want to make a claim in the county court (or sheriff court in Scotland), there is a time limit of six months from the date that the discrimination took place.
There is also a formal procedure for gathering evidence. You need to send a standard form, containing questions you want to ask, to the company, organisation or person you are complaining about. The court can award compensation, but if you lose you can be ordered to pay the other side’s legal costs, so make sure you understand all the procedures and the risks involved.
Taking legal action about discrimination is likely to be complicated. If you are thinking about taking court action, you should get advice from an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your local CAB including those that can give e-mail advice, click on nearest CAB.
As well as discrimination because of your sexuality, you could be treated unfairly for other reasons, for example, because of your race, disability or because you're a woman.
For more information about discrimination, see our discrimination pages.
Stonewall is a campaigning and lobbying organisation working on issues of relevance to lesbians, gay men and bi-sexuals. In England, they have information about discrimination on their website at: www.stonewall.org.uk. They also run a free information helpline on: 08000 50 20 20. The line is open Monday to Friday, 9.30am to 5.30pm. Or you can email them for information on: info@stonewall.org.uk.
In Wales, the website for Stonewall Cymru is: www.stonewallcymru.org.uk.
In Scotland, the contact details are:
9 Howe Street
Edinburgh
EH3 6TE
Tel: 0131 557 3679
E-mail: info@stonewallscotland.org.uk
Website: www.stonewallscotland.org.uk
Stonewall cannot give you legal advice or help you pursue a case or complaint but they can refer you to specialists who can.
The EHRC has published a number of guides on the discrimination in relation to employment, goods, facilities and services, public authorities, housing and education on the EHRC website at: www.equalityhumanrights.com.
The Equality and Human Rights Commission (EHRC)doesn't take individual cases, but should be able to give you some advice. You can contact the EHRC at:
England
Equality and Human Rights Commission Helpline England
Freepost RRLL-GHUX-CTRX
Arndale House
Arndale Centre
Manchester
M4 3AQ
Tel: 0845 604 6610 (Mon-Fri 8.00am-6.00pm)
Textphone: 0845 604 6620
Fax: 0845 604 6630
Email: englandhelpline@equalityhumanrights.com
Website: www.equalityhumanrights.com/our-job/advice-from-our-helpline/
Wales
Equality and Human Rights Commission Helpline Wales
Freepost RRLR-UEYB-UYZL
3rd Floor
3 Callaghan Square
Cardiff
CF10 5BT
Tel: 0845 604 8810 (Mon-Fri 8.00am-6.00pm)
Textphone: 0845 604 8820
Fax: 0845 604 8830
Email: waleshelpline@equalityhumanrights.com
Website: www.equalityhumanrights.com/our-job/advice-from-our-helpline/
Scotland
Equality and Human Rights Commission Helpline Scotland
Freepost RRLL-GYLB-UJTA
The Optima Building
58 Robertson Street
Glasgow
G2 8DU
Tel: 0845 604 5510 (Mon-Fri 8.00am-6.00pm)
Textphone: 0845 604 5520
Fax: 0845 604 5530
Email: scotlandhelpline@equalityhumanrights.com
Website: www.equalityhumanrights.com/our-job/advice-from-our-helpline/
A law centre can offer free legal advice if you want to take a case for religious discrimination. If a solicitor from a law centre represents you, you may be entitled to legal aid. In England and Wales, details of the nearest law centre are available from the Law Centres Federation, and in Scotland from the Scottish Association of Law Centres.
Law Centres Federation
PO Box 65836
London EC4P 4FX
Tel 020 7842 0720
Fax 020 7842 0721
Email: info@lawcentres.org.uk
Website: www.lawcentres.org.uk
Scottish Association of Law Centres
c/o Govan Law Centre
47 Burleight Street
Govan
Glasgow G51 3LB
Tel: 0141 440 2503
Email: m@govanlc.com
Website: www.govanlc.com/salc
The Free Representation Unit (FRU) can provide representation for people on a low income and living in the London area. However, the FRU is a voluntary organisation and representation in cases cannot be guaranteed. If you want help from the FRU, you must be referred in writing by an advice agency once the date of a hearing has been set. The agency must be an FRU subscriber. Some Citizens Advice Bureaux (CABx) in the London area are subscribers to the FRU. To search for your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
The FRU can be contacted at:-
6th Floor
289 – 293 High Holborn
London
WC1V 7HZ
Tel: 020 7611 9555
Fax: 020 7611 9551
Email: available through a form on the website
Website: www.thefru.org.uk
There is some free representation available in Scotland for tribunals and courts. It is only available for certain cases and for people on a low income. It is only available through a Citizens Advice Bureau.
To search for your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
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