Over the past several decades, the legal landscape in the UK has evolved considerably to enhance protections and support for the LGBTQ+ community, both within society and the workplace. A succession of landmark legislative and judicial milestones has played a crucial role in securing greater equality, dignity and legal recognition for LGBTQ+ individuals and their families.
This article examines these key developments, outlining how they have advanced rights and fostered more inclusive working environments and greater recognition of LGBTQ+ families.
1950s - European Convention on Human Rights
The European Convention on Human Rights upholds fundamental rights and protections that every individual is entitled to. The convention offers invaluable protection to the LGBTQ+ community, protecting against discrimination and rights violations.
- Article 8: The right to respect for private and family life.
- Article 12: The right to marry.
- Article 14: Prohibition of discrimination.
In 2002, the European Court of Human Rights ruled in Goodwin v The United Kingdom that the UK had breached the Convention rights of two transgender individuals under Articles 8 and 12. This decision played a key role in the passing of the Gender Recognition Act.
The ECHR affirms the rights of LGBTQ+ individuals and reinforces the importance of creating an inclusive work environment and ensuring equal treatment in the workplace.
2002 - Adoption and Children Act
The Act allows same-sex couples to adopt children, providing equal rights in adoption to LGBTQ+ couples. Before this Act came into effect, only married, heterosexual couples and single individuals were allowed to adopt.
The passing of this Act was a major step in recognising the rights of LGBTQ+ families as it provided security and legal recognition of diverse family structures. This Act followed extensive consultation and debate, reflecting the changing societal attitudes towards LGBTQ+ rights and family life.
2004 - Gender Recognition Act
The Gender Recognition Act is another significant piece of legislation.
The Act allows individuals to gain legal recognition of their acquired gender, meaning they can legally change their gender from the one assigned at birth. Transgender individuals can apply for a Gender Recognition Certificate (GRC), which legally affirms their acquired gender from the date of issue. With a GRC, they are entitled to a new birth certificate reflecting their acquired gender and may marry someone of the opposite gender.
The Gender Recognition Act has played a crucial role in protecting LGBTQ+ employees in the workplace. It emphasises the importance of creating an inclusive work environment that provides protection and support for employees undergoing gender transition. The legal recognition of an individual’s acquired gender reinforces the principle that a person’s gender identity is to be respected.
2004 - Civil Partnerships Act
A significant Act in LGBTQ+ history resulting in official and public recognition of a same sex relationship. This Act came into force in December 2005 and allowed same-sex couples to enter into legally binding civil partnerships, granting them rights and responsibilities similar to that of a marriage. Civil partnerships gave same sex couples partners a secure legal status in matters including pensions and inheritance.
2008 - The Human Fertilisation and Embryology Act
This Act provided that same-sex couples were recognised as the legal parents of children they conceived through donors.
2010 - Equality Act
The passing of the Equality Act represented a historical milestone in protecting individuals from unfair discrimination, both in the workplace and in wider society.
Under the Equality Act, there are nine protected characteristics. These characteristics include sex, sexual orientation, and gender reassignment. The Act prohibits direct and indirect discrimination, victimisation and harassment based on these characteristics.
In an employment context, the Equality Act protects workers and employees from unfair discrimination in the workplace based on any of the protected characteristics. Regarding LGBTQ+ rights, it safeguards employees from victimisation or discrimination based on their sexual orientation or gender identity. These protections apply equally to job applicants and current employees.
Importantly, the Act extends protection to transgender individuals regardless of whether they have undergone any medical procedures. It defines the protected characteristic of gender reassignment as applying to anyone proposing to undergo, undergoing, or having undergone a process to reassign their sex by changing physiological or other sex attributes. Therefore, a transgender person does not need to have legally changed their gender to be protected from discrimination based on their gender identity.
Employers are under a legal obligation to ensure the fair treatment of LGBTQ+ employees throughout all stages of their employment. The Equality Act highlights the importance of fostering an inclusive work environment for all, regardless of gender identity or sexual orientation. Beyond the legal obligation, creating such an environment presents an opportunity to build a workplace where everyone can thrive and be productive.
2013 -The Marriage (Same Sex Couples) Act 2013
A real game changer for same sex couples. This Act came into effect in 2014 and finally legalised same-sex marriage in England and Wales. The Act provided true equality for same sex couples by providing the same legal recognition as heterosexual couples. It also allowed any couple registered in a civil partnership the ability to convert the partnership into a marriage.
The Act was an incredibly significant and important step for same sex couples. Its introduction furthered social and cultural acceptance of LGBTQ+ individuals and relationships and promoted inclusivity and understanding. Although the Act generally received strong support it also faced criticism from some religious groups and conservatives who were against the redefining of marriage to include the LGBTQ+ community.
As a result of their concerns the Act includes specific protections for religious groups and ministers who did not want to be involved in conducting same sex marriages.
Same sex marriages were recognised in Scotland the same year, however it took until January 2020 for it to be implemented in Northern Ireland.
2025 - Supreme Court Ruling
The Supreme Court judgement in ‘For Women Scotland v Scottish Ministers’ states that, for the purposes of the Equality Act, the terms “man,” “woman” and “sex” refer to biological sex.
This is significant because, for discrimination claims under the Equality Act, a transgender individual cannot bring a discrimination claim based on the gender they identify with. Any claim for sex-based discrimination must be based on biological sex. That being said, a transgender individual can still bring a claim for gender assignment discrimination under the Act.
Future challenges:
The Supreme Court is the highest court of appeal in the UK, which means that no further appeal against this decision is possible in the UK courts.
There has been speculation that a challenge may be brought at the European Court of Human Rights on the basis that the law, in light of the recent Supreme Court ruling, is incompatible with the protection of trans rights under the European Convention on Human Rights. This is because the Equality Act is enforced by the European Court of Human Rights.
In the meantime, any change to the definition of sex for the purpose of the Equality Act would require new legislation to be passed by Parliament.
Potential Changes to the Law
Section 14 of the Equality Act provides for protection against combined discrimination, or discrimination based on dual characteristics. However, this section has never been brought into effect. In practice, this means individuals can bring separate claims for each protected characteristic but cannot bring a single claim based on the combined effect of two protected characteristics.
For example, someone who is discriminated against for being a homosexual man would not be able to bring a claim on the combined grounds of sex and sexual orientation. Instead, they would need to bring two separate claims: one for discrimination based on being a biological man, and another for discrimination based on being homosexual.
The Labour government had indicated that they would enact the Section 14 right to claim dual discrimination if they won the election. As of yet, no such change has been made. Even if implemented, the provision would not cover cases where intersectional discrimination involves more than two protected characteristics.
Diversity Training & Inclusive Policies
Employers play a vital role in fostering LGBTQ+ inclusion in the workplace and helping to create a supportive and inclusive environment.
One-way employers can establish an inclusive environment is by offering diversity training to all employees. This helps educate employees on LGBTQ+ issues, raises awareness, and challenges unconscious bias that may exist within a company. It helps to establish a standard of acceptable behaviour and conduct towards fellow employees.
The provision of gender-neutral toilets is an example of a measure employers can implement to make a workplace more inclusive and accommodating.
What to do if you face unfair discrimination
If an employee experiences victimisation, unfair discrimination, or harassment, they have the right to seek redress. This can be done in several ways, including:
- Reporting the incident internally.
- Seeking advice from the Advisory, Conciliation and Arbitration Service (ACAS).
- Following the employer’s grievance procedure.
- Seeking independent legal advice.
Internal reporting is often the first step in seeking redress, and employees should refer to their employer’s policies and procedures on reporting such incidents. Employers must ensure that employees feel safe to report incidents without fear of retribution.
If you have been unfairly discriminated against, you should make a complaint as soon as possible and keep a detailed record of what has happened, including any relevant correspondence, any meetings/events and dates and times.
