19.02.2020

Coming out in the workplace

Phillip Schofield, the ITV This Morning presenter, revealed last week that he is gay in an emotional Instagram post and television interview. He said ‘my inner conflict contrasts with an outside world that has changed so very much for the better. Today, quite rightly, being gay is a reason to celebrate and be proud.’

His heartfelt statement detailed how his workplace had been very supportive – ‘at ITV, I couldn't hope to work with more wonderful, supportive teams.’ Philip Richardson, Partner & Head of Employment Law at Stephensons Solicitors LLP, offers advice for employers wanting to support staff who have revealed they are LGBTQ+ at work.

LGBTQ+ employees are often reticent about coming out at work and worry about discrimination. Research by Stonewall, a charity that campaigns for the equality of lesbian, gay, bi and transgender people, has revealed more than a third of LGBT+ staff (35 per cent) have hidden the fact they are LGBT at work for fear of discrimination. Workplace bullying aimed at the LGBT community is a serious threat with one in ten black, Asian and minority ethnic LGBT employees (10 per cent) having been physically attacked by customers or colleagues in the last year*.

Employer obligations

Employers have a duty of care to all employees and must ensure they are not subject to unfavourable treatment as a result of their sexual orientation, which would extend to any form of discrimination in the event an employee chooses to come out at work.

Organisations are encouraged to have an open and honest workplace culture where employees can be themselves and feel supported should any discrimination take place. Having a diverse workplace should be encouraged and seen as a positive.

The Equality Act 2010 protects employees from discrimination and harassment at work because of their sexual orientation. Employers are legally responsible for the conduct of their staff, if an employee uses homophobic ‘banter’ and jokes against a lesbian, gay, bisexual or transgender colleague, an employer is liable. Staff are advised to speak with their manager first and try to sort out the matter informally, it can then be progressed to HR, a formal compliant and could go on to result in a claim at an employment tribunal.

Senior support

Managers should strive to create an inclusive and accepting culture at work. Employers are advised to support LGBTQ+ employees by:

Making sure staff are aware of an organisation’s policies relating to equality, bullying and harassment
Inviting colleagues on equality training
Challenging any homophobic comments immediately and explaining to the culprit why and how their behaviour is unacceptable
Having an Equality and Diversity Officer
Senior staff are advised to talk positively and openly about LGBTQ+ friends and family
Use inclusive language at work
Advise staff that you are there to support them if they decide to come out at work
Get involved in supporting Pride and involve all staff in attending other LGBTQ+ events
Invite employees to complete equality monitoring exercises and take part in staff surveys to access how they feel if they are LGBTQ+
Work with HR to create a specific LGBTQ+ discrimination policy for managers to understand how to handle the situation should an incident occur.

Legal rights

It’s important for modern employers to remember to create an inclusive environment at work and support LGBTQ+ staff by putting in place relevant policies, hosting equality workshops, celebrating events such as pride festivals and creating a workplace LGBTQ+ support group.

Employers and employees should be made aware that discriminating against someone because of their sexual orientation is illegal. If as an employee, you feel you want to progress a complaint I’d advise speaking to a specialist lawyer about your case and approaching a charity like Stonewall to discuss the incident.

Equality and diversity must be respected within a work environment. Workplaces are becoming more varied and open and this should be celebrated as a reflection of society.

*https://www.stonewall.org.uk/about-us/media-centre/media-statement/stonewall-reveals-coming-out-work-still-problem

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