Pride month is about acceptance, equality and celebrating the work of LGBTQ+ people. Employers should take steps to implement LGBTQ+ initiatives all year round and not just one month of the year. However, Pride month is a good time for employers to consider the employment law issues affecting LGBTQ+ people and how to take positive steps to promote inclusion whilst also minimising the risk of legal claims, write Douglas Strang and Kate Ross.

Recent studies suggest that LGBTQ+ workers are more likely to have experienced workplace conflict, and to consider that their workplace damages their mental wellbeing. A survey by the Trades Union Congress in 2022 found that only half of HR managers reported that they had a policy prohibiting discrimination, bullying and harassment against LGBTQ+ workers in their workplace. Less than half said they have a clear reporting route for LGBTQ+ workers to raise concerns about these issues.

What types of claims might arise?

While claims for discriminatory bullying and other unfavourable treatment can potentially be brought as claims of direct discrimination, claims for unlawful harassment are also common.

The Equality Act 2010 protects employees, as well as workers, against discrimination and harassment. Both are two separate concepts and claims in law. Direct discrimination claims can arise where an employee has been subject to less favourable treatment because of a protected characteristic (these include, but are not limited to, sexual...

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