This (anonymous) question was received yesterday (hat tip to people submitting questions in the future – if you don’t leave a telephone number or an email address to contact you on then we can’t contact you).

  1. Potential claims
  2. What you would need to show to prove your claims
  3. How you can pursue your claims further

Potential claims

The potential claims that this person has are:

This would appear to be a potential case of direct discrimination under s.13 of the Equality Act 2010. The (male) person submitting the question has a right, as an applicant, not to be discriminated against by their potential employer. If they can show that they were treated less favourably by the employer that they applied to because of their sexual orientation or perceived sexual orientation as compared to other comparable applicants then they would succeed in their claim for direct sexual orientation discrimination.

What they would need to show to prove their claim for discrimination

If they didn’t get the job that they applied for (which isn’t clear from the question but is being assumed) then they would need to show that the reason that they didn’t get the job was their sexual orientation or perceived sexual orientation. Discrimination in applications is a difficult thing to demonstrate as the employer has a wide scope to argue that the applicant’s sexual orientation had no bearing on their decision on whom to employ (even though they asked the question) and that a range of other factors contributed towards their decision not to employ them (such as, for example, their experience or skills).

However, if you can demonstrate sufficient facts to show that – in the absence of a suitable alternative explanation – it is probable that discrimination occurred then the onus shifts to the business you applied to to provide evidence to show that the decision to not employ you was not discriminatory but was for another reason.

How you can pursue your claims further

There are a number of different routes that you can pursue here, namely:

  1. Highlight your concerns to the employer you applied to and potentially request a compromise agreement; or
  2. Pursue an Employment Tribunal claim – you can either choose to pursue this yourself or instruct an employment law solicitor to do this on your behalf; or
  3. Do nothing.

Direct 2 Lawyers offer employment law advice to employees and employment law advice to employers. The specialist employment solicitors they use offer Employment Tribunal representation to businesses and individuals.

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The Direct 2 Lawyers Employment Team post daily on interesting employment law cases, Employment Tribunal judgments and Employment Appeal Tribunal judgments. All of the Employment Team posts are written by qualified specialist employment lawyers

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