3. Legal tools for protecting LGBT+ workers
[ch 3: page 17]This section covers the key laws covering LGBT+ people and their rights at work. Employers are duty bound to protect LGBT+ people against discrimination and harassment in the workplace related to their identity primarily under the Equality Act 2010 and more generally under health and safety law. They also must protect the right to confidentiality of workers undergoing gender reassignment under the Gender Recognition Act 2004. Public sector employers have further duties to promote LGBT+ equality and inclusion.
Knowing the legal rights of LGBT+ people, and the responsibilities of employers, will help reps to ascertain whether a worker they are representing might ultimately bring a claim that can be taken to an employment tribunal. Successful discrimination claims can lead to compensation being awarded for “injury to feelings” and financial losses and a recommendation for action to be taken by the employer. And this knowledge in turn can help persuade employers to be more pro-active in their policies to ensure they don’t end up with a claim.