Supporting LGBT+ Workers In The Workplace

According to a recent research report by the CIPD published as part of LGBT History Month, LGBT+ workers are significantly more likely to experience conflict in the workplace than heterosexual workers, including being undermined, humiliated and discriminated against contrary to the Equality Act 2010 (“EqA”).

The study found that over a twelve-month period, more than 40% of LGBT+ workers and 55% of transgender workers faced conflict, with almost one in five LGBT+ participants also reporting that they felt psychologically unsafe at work.

The report confirmed that many employers have made little progress towards supporting their LGBT+ workforces, despite the Government publishing its LGBT Action Plan and pledging £4.5 million towards providing employers with training materials to support inclusion in the workplace, convening a working group to help understand the experiences of LGBT+ workers and committing and encouraging employers to help in improving the lives of such individuals and tackling discrimination back in 2018.

The importance of employers creating an inclusion 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 rightly 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 EqA 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 uncapped compensation for injury to feelings.

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 the experiences of LGBT+ workers. The report recommends, amongst other steps, that employers ensure that LGBT+ workers have voice mechanisms (particularly following its findings that only 40% of trans workers said that their employer had an LGBT+ staff network) and that training is provided to managers to understand the challenges faced by those workers.

In line with the above, it would be wise for employers to refresh equality training for employees and review and adopt sound written anti-discrimination policies clearly setting out how LGBT + workers and those who wish to undergo 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.

You can read the report in full here Inclusion at work: Perspectives on LGBT+ working lives.