How Companies Can Help LGBTQ+ Employees More Effectively – Workplace

A survey of more than 1,000 LGBT+ workers published by the Trades Union Congress (TUC) in August 2024 found that just over half (52%) had been bullied or harassed at work.

The behaviour reported ranged from offensive comments to threats, intimidation and physical attacks, and younger workers were more likely to be targeted. The TUC called on employers to do more to prevent and deal with this kind of treatment, and the law has since moved in that direction.

Here we look at the legal protections that apply and the practical steps employers can take to support LGBTQ+ staff.

What the law says

The Equality Act 2010 protects employees and job applicants from discrimination, harassment and victimisation because of protected characteristics. These include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

Two characteristics are particularly relevant here:

• Sexual orientation means a person’s sexual orientation towards people of the same sex, the opposite sex or either sex.
• Gender reassignment protects anyone who is proposing to undergo, is undergoing or has undergone a process to reassign their sex by changing physiological or other attributes of sex. Medical treatment is not required for this protection to apply.

The law protects people from harassment related to these characteristics, not only from less favourable treatment. In April 2025, the Supreme Court ruled in For Women Scotland v Scottish Ministers that “sex” in the Equality Act means biological sex.

That ruling affects issues such as single-sex facilities, and employers should take advice before changing policies, but it does not remove the protection trans employees have against discrimination and harassment because of gender reassignment.

New duties to prevent harassment

Since October 2024, employers have had a legal duty to take reasonable steps to prevent sexual harassment of their employees. From October 2026, that duty has been strengthened under the Employment Rights Act 2025 so that employers must take all reasonable steps, and employers must also not permit harassment of their staff by third parties such as customers, clients and contractors.

Our article on how sexual harassment does not always have to be sexual in nature explains how widely harassment can be defined.

The cost of getting it wrong

If an employee succeeds in a discrimination claim, an employment tribunal can award compensation for lost earnings and for injury to feelings. There is no upper limit on discrimination compensation. Beyond the financial cost, claims can damage a business’s reputation and make it harder to recruit and keep good people.

Employers can also be held liable for discrimination and harassment carried out by their employees in the course of their work, unless they can show they took all reasonable steps to prevent it.

Practical steps for employers

Create a culture where concerns are raised and taken seriously

Make it clear that bullying and harassment of any kind will not be tolerated. LGBTQ+ employees should know how to raise a concern, feel confident that they will be listened to, and see complaints handled promptly and fairly. A workplace where people feel able to be themselves also tends to have better morale and lower staff turnover.

Review your policies

Check your equality, anti-harassment, dress code and grievance policies. A dress code with rigid gender-specific rules may need revisiting. Make sure your policies explain how the business will support someone who is transitioning, and give managers guidance on handling inappropriate behaviour or conflict.

Train managers and staff

Regular equality training helps staff understand what is and is not acceptable, and helps managers respond properly when an issue arises. Keep records of the training you provide, as this can help show that you have taken reasonable steps.

Give LGBTQ+ staff a voice

Employee networks or resource groups can raise awareness, give LGBTQ+ staff a forum to share concerns and suggest improvements. Listen to what these groups tell you and act on it.

If you are an employer reviewing your approach, our employment law advice for employers covers policies, training and complaints. If you are facing an allegation yourself, see our guide to the rights of workers accused of bullying or harassment.

Whether you are an employer or an employee affected by these issues, book a free 30-minute consultation or call us on 0141 471 9166.