Does my employer have to do something about the bullying I get because of my sexuality?

Harassment “related to” a protected characteristic, which includes sexual orientation, is unlawful under the Equality Act 2010. Your employer will be held liable for this if they fail to take all reasonable steps to stop it. Harassment includes bullying or any behaviour that violates your dignity or creates an “intimidating, hostile, degrading, humiliating or offensive environment” for you. This can include, for example, name-calling or telling anti-gay jokes.  

The steps your employer may take to prevent such harassment include:  

• having a clear policy prohibiting bullying and explicitly stating that bullying related to someone’s sexuality is not tolerated under any circumstances;  
• clearly explaining the range of behaviours that are considered unacceptable. For example, low-level teasing and office 'banter' may not always seem like 'bullying' to the perpetrators but this kind of behaviour should be clearly identified in the policy as unacceptable;  
• spelling out that the prohibition extends to conduct online and to work-related activities outside working hours, such as office parties and training events;  
• providing clear induction and training on the policy;  
• publicising the policy, for example through posters advertising zero-tolerance of bullying;  
• signposting clear routes and procedures for complaints; and  
• robustly enforcing the policy with investigations and clear disciplinary responses where appropriate.  

Employers are required to investigate any complaints of harassment (paying particular attention to the feelings of the person suffering from it), and if they find there has been harassment, to act to prevent it happening again, usually by disciplining the perpetrator.  

If the individual concerned is not dismissed, a lesser sanction, such as a formal warning, can be accompanied by a requirement to apologise and, where appropriate, to undergo training to make sure they understand why their behaviour was offensive.  

In 2020, the Equality and Human Rights Commission released guidance on all kinds of harassment, including harassment linked to sexual orientation. This  guidance sets out the standards that employers are expected to meet. It is a useful resource if you want to persuade your employer to take action.  

The guidance suggests that employers should:    

• develop policies in consultation with any recognised trade union and train staff to implement those policies;  
• maintain centralised records in enough detail to enable trends to be analysed;  
• conduct staff surveys;  
• use “lessons learned” sessions once complaints have been resolved;  
• listen to feedback from employees, for example through exit interviews;  
• proactively watch for the warning signs of workplace harassment and bullying, beyond formal and informal complaints, such as increased sickness absence, changes in behaviour, comments in exit interviews, a dip in performance or avoidance of a certain colleague.  

The guidance recommends ways of enabling workers to raise issues and sets out what employers should do if workers ask for no action to be taken.