Nobody should lose their job because of who they are. If you’ve been fired or feel pushed out after experiencing or reporting homophobia in the workplace, you’re probably feeling angry, hurt and unsure about what to do next.
You’re not alone and you do have rights. In the UK, it’s illegal to discriminate against someone because of their sexual orientation.
Can I Be Fired Because Of My Sexual Orientation?
No, under the Equality Act 2010, it is unlawful for an employer to fire you or treat you unfairly because you’re gay, lesbian, bisexual, or part of the LGBTQIA+ community.
This protection covers all aspects of employment from recruitment and promotions to day-to-day treatment and dismissal. It doesn’t matter how long you’ve worked there; you’re protected from day one.
If your employer dismissed you because of your sexuality or used a false reason to cover up their discrimination you could be entitled to take legal action.
What Counts as Discrimination?
Discrimination can show up in different ways. It might be blunt and obvious, or subtle but persistent. Common examples include:
- Direct discrimination – for example being fired, demoted, or excluded because of your sexuality.
- Indirect discrimination – such as company rules or policies that disproportionately disadvantage LGBTQIA+ people.
- Harassment – for instance offensive jokes, slurs or comments that create a hostile environment.
- Victimisation – such as being punished or dismissed after reporting discrimination or support someone else who did.
Whatever form it takes, homophobia has no place at work, and the law is on your side.
What If My Employer Gave a Different Reason for My Dismissal?
It’s sadly quite common for employers to give a different reason for a dismissal something that sounds neutral, like “poor performance,” “redundancy,” or “personality clash.” But if you believe the real reason was related to your sexuality, you may still have a strong case.
Discrimination is often subtle or hidden. Just because your employer didn’t say anything outright doesn’t mean it didn’t happen. If the timing doesn’t add up, or if you’ve been treated differently to others without good reason, it’s worth looking deeper.
You know your situation best. If something feels off, trust your instincts. An employment law solicitor can help you piece things together, assess whether their explanation stands up legally, and work with you to uncover the real motivation behind your dismissal.
No one should be made to feel like they’re overreacting when they’re simply standing up for themselves.
Can I Still Take Action If I Resigned Instead of Being Fired?
Yes. If you resigned because you felt harassed, isolated, or unsafe at work, you might have a case for constructive dismissal. This is where your employer’s behaviour effectively forced you to leave, even if they didn’t officially fire you.
If your resignation was linked to homophobic treatment, you could still make a claim, and we can help you explore that.
What Can I Do If I Have Been Fired Because Of My Sexuality?
- Document Everything
Keep emails, texts, or written notes about conversations or incidents. If someone witnessed unfair treatment, their statement may also help. - Ask for the Reason in Writing
You’re entitled to know why you were dismissed. This can help determine if your dismissal was discriminatory. - Raise a Grievance
If you’re still employed or were dismissed recently, consider submitting a formal grievance and raise an appeal to your dismissal. This shows you tried to resolve the issue internally. - Get Legal Advice
You typically have only 3 months minus one day from the date of dismissal or discrimination to begin tribunal proceedings.
Contact Us Today
If you suspect you were unfairly dismissed, speaking with an employment law solicitor can help you understand your rights and explore your option. For more information, call us on 01642 843 667; alternatively, complete our online contact form and one of our employment solicitors will be in touch.
