How Can Employers Better Support Its LGBTQ+ Workers

Recent research by the Trade Union Congress (TUC) found that one in two LGBT+ employees are facing shockingly high levels of bullying and harassment at work, including physical violence, threats or intimidation.

Nearly three in ten LGBT+ people choose to keep their sexual orientation a secret at work, with 18-24 year olds experiencing higher levels of discrimination. TUC is calling on ministers to change the law to put the responsibility for preventing harassment on employers and not the victims.

Below, we have outlined how businesses can better support their LGBT+ employees.

Supporting LGBTQ+ workers

The Equality Act 2010 protects people from discrimination at work and it is unlawful to treat someone differently due to protected characteristics including gender, sex, age and religion.

Despite having these rules laid out, there is still unlawful discrimination taking place, and LGBT+ workers are often facing discrimination at a higher rate, affecting both businesses and employees. It is vital that employers offer a safe working environment for all their employees, and set clear rules to avoid discrimination claims.

The importance of employers creating an inclusive workplace culture

The findings of this research illustrate the importance of employers creating a workplace culture whereby inclusivity is encouraged and there is a zero tolerance approach to bullying and harassment of any kind. LGBT+ workers should feel that they can raise any concerns or complaints they may have and have confidence that those will be listened to and dealt with appropriately. This not only serves to improve the mental and physical wellbeing of those workers, but improves employee relations and retention rates.

Discrimination claims

From an employment law perspective, employees are protected under the Equality Act 2010 from being unlawfully discriminated against because of their sexual orientation (i.e. because they are attracted to persons of the same sex, opposite sex or the same or opposite sex), or on grounds of gender reassignment where a person is proposing to undergo, is currently undergoing or has undergone a process for the purpose of reassigning his or her sex or changing other attributes of sex.

If an employee succeeds in bringing a discrimination claim against their employer, an Employment Tribunal has the power to award compensation for and loss of earnings and injury to feelings. Such compensation is potentially uncapped.  A discrimination claim will not only lead to financial losses for a business, but its reputation will also heavily suffer, and may impact retention and recruitment.

Advice to employers so they can support LGBT+ workers

It is apparent from this recent research that more needs to be done by employers to support LGBT+ workers in the workplace and develop a greater understanding of their experiences.

Employers should ensure LGBT+ workers have mechanisms to raise concerns. For example, is your dress code policy discriminatory? If your current policy imposes gender-specific dress codes and doesn’t allow employees to be their authentic self without prejudice, this should be updated to better reflect the needs of your workers.

In line with the above, it would be wise for employers to refresh equality training for employees and review and adopt sound written equality policies clearly setting out how LGBT + workers and those who undergoing gender reassignment should be treated and directing managers on how to approach and deal with any unacceptable behaviour or conflict.

Employers could also create employee resource groups to help better understand the value of diversity and inclusion and offer support and a forum where LGBT+ workers can raise important issues and make suggestions as to areas where possible improvements can be made.