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This information applies to England, Wales and Scotland
About this information
It's against the law for people who provide goods or services to discriminate against you because you're lesbian, gay or bisexual. It's also against the law for people who provide goods or services to discriminate against you because you're heterosexual. The law applies to businesses, charities and public bodies such as government agencies, local authorities, education and health facilities.
It's also against the law for an employer to discriminate against you because of your sexuality. This information doesn't cover discrimination in the workplace. For information about discrimination because of sexuality at work, see – What can I do if my employer treats me unfairly because of my sexuality? in Employment fact sheets.
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When can discrimination take place?
Someone who provides goods and services would be discriminating against you if, because of your sexuality, they:
- refused to sell you something
- did not allow you to use a service
- provided you with worse or more expensive goods or services than someone with a different sexuality
- behaved in a rude or hostile way.
A business that provides goods or services aimed at the gay community does not have to start providing similar goods or services aimed at heterosexuals. However, it can't turn away any heterosexual customers. For example, a lesbian and gay bookshop will not have to start stocking 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, a provider of goods or services can't treat you differently than it would treat a married couple. Goods and services available to unmarried opposite-sex couples must be available to same-sex couples not in a civil partnership.
The law also covers advertising. A company can't say in its advertising that its goods or services are only available to heterosexuals. Equally, a gay business cannot advertise that heterosexual people are excluded, although it can say that it's a 'gay-friendly' business.
You're protected if you've been discriminated against because someone believes or assumes that you're lesbian, gay or bisexual, even if you're not. You're also protected if you've been discriminated against because you have friends or family who are lesbian, gay or bisexual.
If you're transgender, it's not yet against the law to discriminate against you when providing goods or services.
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Which organisations provide goods and services?
Examples of organisations which provide goods or services include:
- pubs, restaurants and hotels
- shops
- entertainment facilities such as cinemas, theatres, amusement parks, ice-skating rinks and race tracks
- hospitals and clinics
- estate agents, private landlords and local authority housing departments
- banks, building societies, insurance companies and finance companies
- railway stations, bus stations and airports
- churches and other places of worship
- charities and voluntary organisations
- schools and colleges
- welfare services such as housing advice, day-care or community care
- people who provide trade or personal services. This includes builders and people who provide complementary therapies such as acupuncture or reflexology
- residential care homes
- courts, prisons and the police.
For more examples of organisations which provide goods and services, see the Equality and Human Rights Commission website at: www.equalityhumanrights.com.
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Schools and other providers of education
Schools and other providers of education must not treat you differently if you're a lesbian, gay or bisexual pupil, or if you're the child of lesbian, gay or bisexual parents. 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.
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Pubs, bars, restaurants and nightclubs
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 clubs and associations
Private clubs and associations with more than 25 members are not allowed to discriminate. However, if their main purpose is to provide benefits to lesbians, gay men and bisexuals, they can continue to do so. 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 essential character of the club.
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Hotels, guesthouses and B&Bs
Same-sex couples can't be refused entry or prevented from booking a double room.
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Financial services
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.
Insurance
Insurers aren't allowed to use your sexuality as a condition on its own for not offering you insurance. However, they can take your sexual behaviour into account if this is backed by evidence about the risks it might involve.
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Tour operators and transport or travel companies
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.
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Estate agents, landlords or people selling property
It's against the law for landlords or someone selling or letting property to discriminate against you because of your sexuality.
Landlords includes private landlords and social landlords such as local councils and housing associations.
However, the law may not apply if you live in the same property as your landlord.
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Charities
Charities can't 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.
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Religious organisations
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.
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Adoption and fostering agencies
Faith-based voluntary adoption agencies and independent fostering agencies can refuse to place children with you if you're lesbian, gay or bisexual. However, they must refer you to other agencies who will help you. In England and Wales, this only applies until the end of 2008. In Scotland, this situation may continue to apply for some time.
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Donating blood
There is still a ban on gay men acting as blood donors.
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What can I do if I'm discriminated against by someone proving goods or services?
If you are discriminated against by someone providing goods or services, you need to take action as quickly as possible. Get advice from a CAB, law centre or gay organisation. You may want to make an informal complaint or follow a more formal complaints procedure, if the organisation has one. If you're still not satisfied, you may have to think about taking action in the county court.
You should bear in mind that, if you want to make a claim in the county court, there is a time limit of six months from the date that the discrimination took place.
Making a claim in court
If you decide to make a claim in court, there is 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 the procedures and the risks involved.
Any course of action may be complicated and may make your life more uncomfortable in the short-term. There may also be costs involved, particularly if you use a solicitor to represent you. If you are thinking about taking legal action, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
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). For information about the EHRC – see below.
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Other types of discrimination
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 sex discrimination, see Taking action about sex discrimination.
For more information about race discrimination, see Taking action about race discrimination.
For more information about disability discrimination, see Disability discrimination.
For more information about discrimination at work because of your age, see Age discrimination at work.
For more information about discrimination because of your religion, see. Discrimination because of religion or belief.
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Further help
Equality and Human Rights Commission
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 3EQ
Tel: 0845 604 6610
Textphone: 0845 604 6620
Fax: 0845 604 6630
website: www.equalityhumanrights.com
Wales
Equality and Human Rights Commission Helpline Wales
1st Floor
3 Callaghan Square
Cardiff
CF10 5BT
Tel: 0845 604 8810
Textphone: 0845 604 8820
Fax: 0845 604 8830
website: www.equalityhumanrights.com
Scotland
Equality and Human Rights Commission Helpline Scotland
The Optima Building
58 Robertson Street
Glasgow
G2 8DU
Tel: 0845 604 5510
Textphone: 0845 604 5520
Fax: 0141 228 5912
website: www.equalityhumanrights.com
Law centres
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.
England and Wales
Law Centres Federation
Third Floor
293-299 Kentish Town Road
London
NW5 2TJ
Tel: 020 7428 4400
Fax: 020 7428 4401
Email: info@lawcentres.org.uk
Website: www.lawcentres.org.uk
Scotland
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
Free Representation Unit (England)
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
Email: admin@freerepresentationunit.org.uk
Website: www.freerepresentationunit.org.uk
Free Representation (Scotland)
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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