Sexual orientation discrimination meaning

Ali v (1) Reason (2) Nott CLCC (Claim No J00CL858), 9 February 2024 Background This dispute sits within a wave of employment tribunal litigation by claimants described as holding 'gender critical' beliefs. In essence, proponents contend that biological sex is fixed and separate from gender identity, and that blurring these categories risks harm to women and undermines their rights. Since 2021, such beliefs have been recognised as a protected characteristic under the Equality Act 2010 (EqA 2010). Unlike many gender critical cases, this claim did not proceed under the EqA’s employment provisions; instead, it relied on the distinct rules governing membership associations. Such actions are issued in the county court, rather than the employment tribunal. Accordingly, the county court is the proper venue for disputes of this kind. Crucially, though the EqA 2010’s discrimination provisions bite in this sphere, the harassment provisions do not extend to religion or belief, or to sexual orientation. That limitation impacts claims framed around belief and sexual orientation. Until early 2022, the claimant...

This Practice Note outlines the available resources concerning safeguards and liabilities arising from acts or failures to act that constitute sexual orientation discrimination, or other forms of prohibited conduct linked to sexual orientation. The detail here is intentionally limited, as the principal aim is to point subscribers towards comprehensive materials contained in additional Practice Notes that explore each element in depth. Consequently, treat this Practice Note as an entry point for research; full coverage is provided only in the places signposted below. Its role is to point you forward, not to replace the comprehensive Practice Notes that address each strand of the topic at length, and the links below are where complete information is intended to be consulted and used. The characteristics protected The Equality Act 2010 (EqA 2010) affords protection against discrimination and other prohibited conduct connected to particular listed characteristics a person may have. Some protections apply solely to one such characteristic. Others operate uniformly across all of them, which together are described as ‘the protected...

This Practice Note explores which provisions of the Equality Act 2010 (EqA 2010) bring into force the prohibitions on discrimination in schools, the various forms of discrimination—sex, race, religion or belief, age, marriage or civil partnership, and disability—and any relevant exceptions that may apply. It further explains that the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017, SI 2017/353, oblige education-function public authorities to publish yearly information showing compliance with the public sector equality duty (PSED) in EqA 2010, s 149... The public sector equality duty Under the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017, SI 2017/353, specific obligations apply to public authorities with education responsibilities. Those bodies must publish material evidencing adherence to the PSED under EqA 2010, s 149, at annual intervals. This must be done every year. See Practice Notes: Specific public sector equality duties—England and Specific public sector equality duties—Wales...

Scope of the public sector equality duty (PSED) Aim of the PSED Set out in section 149 of the Equality Act 2010 (EqA 2010), the public sector equality duty (PSED) aims to confront systemic discrimination and disadvantage faced by people with certain protected characteristics by weaving the promotion of equality and good relations into the routine functions of public authorities and other bodies subject to the duty. Scope of the PSED In performing their functions, public authorities must have due regard to the need to: eliminate discrimination, harassment, victimisation and any other behaviour prohibited by or under the EqA 2010 advance equality of opportunity between those who share a relevant protected characteristic and those who do not foster good relations between persons who share a relevant protected characteristic and persons who do not The relevant protected characteristics are: age disability gender reassignment pregnancy and maternity race religion or belief ...

1 Policy statement The Company is committed to advancing equality, diversity and inclusion (EDI). By this we mean: equality: delivering fair treatment and equal opportunity for all employees, workers and job applicants, and eradicating unlawful discrimination; diversity: acknowledging, respecting and valuing the differences in our people’s protected characteristics, backgrounds, skills and experience, and encouraging gender, age and ethnic diversity, alongside diverse physical ability and neurodiversity across our workforce; inclusion: creating a fair, safe workplace for everyone that values difference and enables each person to be themselves, reach their potential and thrive at work. The Company will not unlawfully discriminate against any employee, worker or job applicant on the basis of any protected characteristic recognised by current legislation, namely: age; disability; gender reassignment; marriage or civil partnership status; pregnancy and maternity; race (including colour, nationality and ethnic or national origin); religion or belief; sex; or sexual orientation...

Equality, diversity and inclusion policy In line with our [ equality policy ], we are wholly dedicated to ensuring equal opportunity for every employee, worker and applicant, and to removing unlawful and unjust discrimination. We seek to foster a workplace that champions and respects diversity, appointing, recognising and advancing colleagues solely on merit. To evaluate the effectiveness of our [ equality, diversity and inclusion policy ], we track all applications and recruitment activities. The answers you give to the questions below will be used exclusively to review how well our policies and procedures function, and to confirm that we do not, even unintentionally, discriminate against staff or potential staff on the grounds of ethnicity, disability, gender, sexual orientation, age or religion or belief. Any details you provide will be treated as strictly confidential, and will not be available to those directly engaged in the selection process for the vacancy listed. Your response will be separated from your application as soon as it is received...

[ Insert in para 8.2 of form ET1: ] The Claimant has worked continuously for the Respondent from [ insert date ] in the capacity of sales executive. He is a gay man. Around [ insert date ], the Claimant advanced to the position of area representative. At that point Mr A became his line manager. The Claimant quickly perceived that Mr A was markedly less amicable towards him than towards the other area representatives and that he was omitted from team social gatherings [ insert details ]. He found this pattern persistent. On one occasion, the Claimant observed an email from Mr A addressed to another team member, which had been circulated to all the others in the team, inviting them to the pub. The email’s subject line stated ‘no fags’, which the Claimant understood to be directed at him. On or about [ insert date ], the Claimant learned that Mr A had organised a ‘family fun day’ for the team at a...