SEXUALORIENTATIONEMPLOYERTOOLKIT

Companies are often quite scaredto ask the obvious questions anddo the simple things because theyfeel like they should have beendoing it anyway.Kathryn Townsend, Vice President, UK Retail and Business Bank, Barclays

{

Written by Sam Dick and Vignesh Ashok

SEXUALORIENTATIONEMPLOYERTOOLKIT

In the decade since legislation was first introduced in Britain to outlawdiscrimination against lesbian, gay and bisexual people in employment,Stonewall has worked with over 650 employers – employing between themover 5.5 million people – through the Diversity Champions programme and theannual Workplace Equality Index. The resulting transformation in the culture ofmany of Britain’s workplaces is significant but there remains lots to do.

The very best employers recognise that to deliver value for money to taxpayers,investors, shareholders or donors they need to attract and retain the very beststaff. Creating workplace environments where lesbian, gay and bisexualemployees want to work and where they feel they can progress makes themmore competitive in the market for talent.

Many employers are yet to begin creating workplaces that are inclusive oflesbian, gay and bisexual people. They often think it is complex and costly. The experiences of the hundreds of organisations we have worked with havedemonstrated that this is simply not the case. Employers from the public,private and third sectors have developed a range of cost-effective practicalinterventions captured in this guide that have resulted in tangible improvementsto the levels of satisfaction of their lesbian, gay and bisexual staff.

Ruth HuntActing Chief ExecutiveStonewall

Contents

Who is thisguide for?11Why is sexualorientationrelevant to theworkplace? 22

4

The law 33

Usefulinformation17-18

Practical toolkit

5

Recruitment and promotion 7

Bullying and harassment 8

Terms, conditions and benefits 9

Training 10

Supporting gay staff 11

Career development 12

Monitoring 13

Influencing your suppliers 14

Customers and service users 15

Supporting the local community 16☛

Introduction

1

The jargon used to explain equality issues at work can

make addressing them seem far more complicated than it

actually is. Stonewall uses plain-English throughout this

guide and below is a glossary of some terms you may be

unfamiliar with.

SEXUAL ORIENTATION This is about who someone

is sexually and/or emotionally attracted to, whether to

people of the same-sex (lesbian or gay), opposite sex

(straight or heterosexual) or both (bisexual). Sexual

orientation is primarily a term used in the laws which

outlaw discrimination. Most people never refer to having a

sexual orientation, they just say they’re lesbian, gay,

bisexual or straight.

ACTUAL OR PERCEIVED SEXUALORIENTATION The law protects people from

discrimination both because of their actual sexual

orientation and because of what someone thinks their

sexual orientation is (their ‘perceived sexual orientation’).

For example, a straight man who is bullied because all his

colleagues think he is gay is protected from that

discrimination as much as if he was actually gay.

Throughout this guide we use sexual orientation to mean

both.

SEXUALITY Most people use sexuality and sexual

orientation to describe the same thing. However sexual

orientation is a term defined in law whereas sexuality is a

more general concept that is not defined in law. As an

employer it is best to use the term sexual orientation in

any policies and documents.

PROTECTED CHARACTERISTICS This phrase refers

to the different groups protected by discrimination laws. The

protected characteristics are age, disability, gender

reassignment, marriage and civil partnership, pregnancy and

maternity, race, religion and belief, sex and sexual

orientation.

DIVERSITY AND INCLUSION This is frequently

used as a catch-all term for any work done to make

workplaces or public services more welcoming to different

groups and more representative of wider society.

THE EQUALITY ACT 2010 This is the key piece of

law in Britain relating to discrimination. It brought together

into one law numerous pieces of legislation that covered

discrimination against different groups.

If you read references to laws such as the Equal Pay Act or

the Race Relations Act, for example, these have now been

replaced by the Equality Act 2010. More information on

the Act can be found in Chapter 3.

This guide introduces employers to the practical steps they can take to maketheir workplaces more inclusive of lesbian, gay and bisexual people. It outlinessimple, cost effective and in most cases free things they can do to create aculture where all staff are able to be themselves and perform to the best oftheir ability.

The best employers recognise that in the competition for talent they mustcontinue to drive themselves to capitalise on the strength of diversity.Stonewall works with over 650 employers – employing over 5.5 millionpeople in Britain between them – helping them go beyond their legalresponsibilities to create workplaces that help attract and retain the verybest staff.

1 Who is this guide for?

{Stonewall’s Diversity Champions programme and the Global DiversityChampions programme are best practice forums for lesbian, gay andbisexual workplace issues. With a ten-year track record, we bringtogether top employers from across Britain and the world to promotediversity in the workplace.

No matter what stage of the journey you’re currently at, Stonewall andour partner organisations can help you make your workplace moreinclusive of lesbian, gay and bisexual people. For further information visit stonewall.org.uk/at_work

}Launched in 2005, Stonewall’s WorkplaceEquality Index is Britain’s definitive

benchmark for employers to measure theirprogress in creating workplaces that are

inclusive of lesbian, gay and bisexual people.Free to enter, the Index has attracted close

to 400 entries every year and is the basisupon which Stonewall compiles its annuallist of Top 100 Employers for lesbian, gay

and bisexual staff. For further informationvisit stonewall.org.uk/wei

jargon buster

Many lesbian, gay and bisexual people don’t feelable to be open about their sexual orientation atwork for fear of discrimination, bullying orharassment. Research has shown, however, thatstaff who can be open about their sexualorientation are more likely to enjoy going towork, feel able to be themselves, form honestrelationships with colleagues, are more confidentand, ultimately, more productive. Put simply,improving the working environment for gay staffmakes good business sense.

Employers can take simple practical steps tocreate workplaces where staff feel that they can

be open about their sexual orientation, withoutfear of discrimination. This will make theirlesbian, gay and bisexual employees, and otheremployees, feel more positive about theworkplace and be more productive.

In April 2013, the Office of National Statisticsestimated Britain’s working population at 29million, six per cent of whom are lesbian, gay orbisexual. The 1.7 million lesbian, gay and bisexualpeople currently employed in Britain are spreadacross every industry and sector. By creatingworkplaces where people can be themselves allemployers, regardless of industry, can benefit.

2

2 Why is sexual orientation relevant to the workplace?

www.stonewall.org.uk

Peak PerformanceGay people and productivity

For more informationon the benefits of

creating an inclusiveworkforce see

Peak Performance –Gay people and

productivity.

five benefits for employers

11

33

55

RECRUIT AND RETAIN THE BEST STAFF Improving the working environment for lesbian,

gay and bisexual staff not only helps you attract and retain talented lesbian, gay and bisexual

employees but is also seen as an important sign of how good the workplace is for other groups

including women, parents and black and minority ethnic people.

INCREASE PRODUCTIVITY People perform better when they can be themselves. By creating

an environment that is inclusive of everyone, employees will be more creative, loyal and productive.

AVOID RISK The law is clear that no employer, regardless of size, can discriminate at work on the

grounds of sexual orientation. This includes failing to take action to prevent bullying and harassment

of lesbian, gay and bisexual staff. There have been a number of cases where employers have been

given significant fines for failing to protect their lesbian, gay and bisexual staff.

MAINTAIN YOUR REPUTATION Not supporting lesbian, gay and bisexual equality can damage an

organisation’s hard-won reputation. Employment tribunals can have a negative impact on how customers,

service users, potential employees and clients view your organisation, as well as being financially costly.

GAIN BUSINESS Whether individual customers or big corporate contractors, creating workplaces

that are inclusive of lesbian, gay and bisexual staff is increasingly important to doing good business.

Many major corporations require their suppliers to show that they don’t discriminate against lesbian,

gay and bisexual employees before entering into contracts with them, and individual customers

increasingly want to spend their money with organisations that support sexual orientation equality.

22

44

3

Since 2003 it has been unlawful for employers todiscriminate against people because of theirsexual orientation in all aspects of employment.

This includes:• Recruitment• Promotion• Training• Terms and conditions • Pay and benefits• Dismissals

Bullying and harassment of staff because of theirsexual orientation is also unlawful.

In 2010 the Equality Act brought together all anti-discrimination legislation in one place for the firsttime. It outlaws four types of behaviour in theworkplace relating to sexual orientation:

3 The law

{

☛

☛

☛☛

Fighting a discrimination case at an employmenttribunal is a no-win situation. It’s time-consumingand costly for both the employer and the employeeand uses up valuable resources. Even if the tribunalfinds in the employer’s favour, the case candamage the organisation’s reputation amongexisting and prospective workers as well ascustomers and members of the public.

When protections first came into force, manyemployers implemented policies and practices that

met or went beyond their legal responsibilities.This has helped them avoid potentially costly legalclaims. There have, however, been a number ofemployment tribunals where employers have beenfound to have discriminated against lesbian, gay orbisexual staff, resulting in significant costs. Forexample, in 2006 an employment tribunal inGlasgow awarded Jonah Ditton a total of £120,000for discrimination on the grounds of sexualorientation that he experienced whilst working as amedia sales manager at CP Publishing Ltd.

DIRECT DISCRIMINATION is where one person is treated less favourably than anotherperson is treated, has been treated or would be treated in a comparable situation because oftheir sexual orientation.

INDIRECT DISCRIMINATION is where a policy or practice is applied which indirectlydisadvantages people of a particular sexual orientation, unless it can be justified as aproportionate means of achieving a legitimate aim.

HARASSMENT is where an intimidating, hostile, degrading, humiliating or offensive workenvironment is created for someone because of their sexual orientation.

VICTIMISATION is where a person is treated unfavourably because of their involvement in acase brought under the Equality Act, whether as a claimant, witness or otherwise.

Bullying andharassment of staff

because of theirsexual orientation

is unlawful }

4

positive action

The Equality Act outlaws positive discrimination,but allows positive action. Understandably, manyemployers and employees find the two conceptsconfusing.

Since 2007 it has also been unlawful to discriminateon the grounds of sexual orientation in the publicand private provision of goods, facilities andservices. This covers any public or commercialservice, whether provided free or for a charge. All aspects of goods and service provision arecovered by the Act, including:

Since the protections came into force manybusinesses and public services have implementedpolicies and practices that meet and go beyond their legal responsibilities. This has helped them

avoid potentially costly legal claims. The EuropeanCourt of Human Rights has also ruled that it islegitimate for employers to require their staff toprovide goods and services to lesbian, gay andbisexual people regardless of the personal viewsof those staff.

There have been a small number of cases wherebusinesses have been found to havediscriminated against their lesbian, gay orbisexual customers, resulting in significant costs.For example, in 2011 the owners of theChymorvah Private Hotel in Cornwall were foundto have discriminated against civil partnersMartyn Hall and Steve Preddy when they wererefused a double room because they were‘unmarried’. The courts ruled that despite thepolicy being based on the genuine religiousbeliefs of the owners it was direct discrimination.

☛☛

POSITIVE DISCRIMINATION is when someone is appointed or promoted solely because, forexample, they are lesbian, gay or bisexual. Positive discrimination is unlawful.

POSITIVE ACTION is where employers undertake work with particular groups to addressunder-representation of those groups in their workforce. This includes targeted recruitment,advertising and leadership programmes. Positive action is lawful.

1 Providing a service

2 Terminating a service

3 The terms and conditions of a service{

Under the Equality Act, if employers are facedwith two or more candidates for a job orpromotion who are equally qualified in everyway, they can lawfully appoint or promote acandidate because of their sexual orientation.This is not positive discrimination. The decision topromote or recruit an individual must be basedon merit. If a lesbian, gay or bisexual candidate is

not of equal merit to the best candidate for thejob then the best candidate should be appointed.

It is important to note that lesbian, gay andbisexual people should not be forced to disclosetheir sexual orientation, nor should informationabout their sexual orientation be shared withothers without their consent.

3 The law

goods and services

5

For more informationon the law see Sexual OrientationThe Equality Act Made Simple.

the public sector equality duty

The public sector equality duty, known as ‘theduty’, only applies to public bodies ororganisations delivering public services on theirbehalf. It is designed to support and guide publicbodies to address inequalities experienced bytheir staff and service users. This includesinequalities experienced by lesbian, gay andbisexual people.

The duty covers all the work of a public body,including the services it contracts out to bedelivered by others. There are two parts of theduty: the general duty and the specific duties. Putsimply, the general duty sets out the goals thatpublic bodies must aim for, whilst the specificduties are the practical things they must do tohelp them achieve those goals.

The general duty says that public bodies, in all oftheir functions, must consider:

☛

☛

Public bodies have to set and publish equality objectives, settingout how they intend to meet any of the aims of the general duty.This will enable people to clearly see what public bodies havecommitted to doing.

Public bodies will need to publish data every annum showinghow they are meeting these aims. This will enable people to holdthem to account on whether they are addressing inequalities.

{ 1 Eliminating discrimination, harassment and victimisation

2 Advancing equality of opportunity

3 Fostering good relations between different groups

1

2

The Government is clear that how public bodiesachieve these three aims should be flexible andproportionate. They have, however, laid down inthe specific duties things that public bodies mustdo as a minimum:

3 The law

PRACTICALTOOLKIT

4

There are a number of simple, practical stepsemployers can take to make their workplaces andservices inclusive of lesbian, gay and bisexualpeople. The best employers have learnt fromexperience that there are a number of key areaswhich, when they’re addressed, can see significantimprovements in the culture of their workplaces.These are outlined in the following sections:

1 Recruitment and promotion2 Bullying and harassment3 Terms, conditions and benefits4 Training5 Supporting lesbian, gay and

bisexual staff6 Career development7 Monitoring8 Influencing your suppliers9 Customers and service users10 Supporting the local community

Each section contains five top tips for employers,with good practice case studies from both privateand public organisations that have already begunto address these issues. Not all of the tips need tobe followed in every organisation, or all at once.Organisations at the start of their journey shouldcreate a progressively challenging action plan. There are plenty of ideas to help you get started.

}

6

Case study #1 The Cooperative group train senior line

managers involved in recruitment about sexualorientation equality and how to ensure therecruitment process is fair. The training informsline managers about the law and uses differentcase studies demonstrating what discriminationin recruitment might look like. Applicants are alsomonitored on application and appointment toidentify whether a disproportionate number ofheterosexual or LGB applicants are beingappointed.

Case study #2 With the support of Leicestershire police,

the LGBT Network and some of the force’sStraight Allies marched at Leicester’s Pridefestival. They also had a stall at the event topromote the support provided by the police andthe organisation’s status as an LGBT friendlyemployer to attract applicants from thecommunity.

7

4.1 Recruitment and promotion

☛

☛{For more informationabout promoting yourorganisation as a gay-friendly employer visitwww.stonewall.org.uk/at_work

In tough times it is important that organisationsdo all they can to recruit the best people for thejob regardless of their sexual orientation or anyother characteristic. Unfair recruitment practicescan prevent employers attracting and recruitingfrom the widest possible talent pool.

Some employers still, often unwittingly,discriminate against lesbian, gay and bisexualpeople during the recruitment process. Examplesof bad – and potentially unlawful – practicesinclude:

• Asking inappropriate questions about an applicant’s sexual orientation in an interview

• Not appointing or promoting someone because of flawed assumptions about what jobs lesbian, gay and bisexual people are good or bad at

• Not appointing or promoting people because lesbian, gay and bisexual staff‘will not fit in’

• Not appointing or promoting someonebecause other staff, clients, customers or service users might not like working with a lesbian, gay or bisexual person

Meanwhile, some lesbian, gay and bisexualpeople may not apply for jobs in organisationsthey, rightly or wrongly, do not believe areinclusive of them. Therefore, employers whowant to recruit from the widest possible talentpool should take proactive steps to promote theirworkplaces as being inclusive of lesbian, gay andbisexual staff.

1 Understand whetheryour workforce and

applicants reflect thewider community bymonitoring the sexualorientation of staff andapplicants.

2Have a clear‘equality policy’

stating that you will notdiscriminate on thegrounds of sexualorientation in all aspectsof employment.

3Train staff involvedin recruitment to

inform them about thelaw and to challengeany assumptions orstereotypes they mayhave about lesbian, gayand bisexual people.

4Make a statementin your recruitment

advertising that youwelcome applicationsfrom all sections of thecommunity.

5Target jobadvertising to

different communitiesincluding advertisingpositions in the lesbian,gay and bisexual mediaor on www.proudemployers.co.uk

top tips

}Some employers still, oftenunwittingly, discriminateagainst lesbian, gay and

bisexual people duringthe recruitment process

8

4.2 Bullying and harassment

Gay in Britain, a study conducted for Stonewall byYouGov, revealed that one in five – equivalent toapproximately 323,000 – lesbian, gay and bisexualemployees have, over the last five years,experienced verbal bullying from colleagues, clientsor service users because of their sexual orientation.Almost a third of those who have experienced thisbullying have been bullied by their manager. Morethan half have been bullied by people in their ownteam and a quarter by people junior to them.

Bullying and harassment of employees because oftheir actual or perceived sexual orientation isdemotivating and unlawful. Bullying can includeany behaviour that creates a hostile, degrading,humiliating or offensive environment. This canrange from insensitive jokes or ‘banter’ to actualphysical abuse. Employers are liable if theycannot demonstrate that they took effectiveaction to prevent and address incidents ofbullying or harassment. Examples of bullying andharassment include:

• Gossiping about someone’s sexual orientation or personal life

• ‘Outing’ someone as lesbian, gay or bisexual without their permission

• Asking intrusive personal questions• Expressing offensive views about

lesbian, gay or bisexual people

Some lesbian, gay and bisexual people are alsoworried that reporting bullying might ‘out’ themand lead to further bullying.

An organisation which tackles all forms of bullyingand harassment is likely to benefit from improvedproductivity of staff through reduced sick leave,improved retention, motivation and loyalty.

Case study #1 Simmons & Simmons’ bullying and

harassment policy clearly lays out whatconstitutes the act: ‘verbal conduct including butnot limited to unwelcome advances, propositionsor pressure for sexual activity, offensive flirtations,lewd comments, threatening comments (includingthreats to out someone who has not openlydisclosed their sexual orientation), inappropriatequestioning or abusive language which denigratesor ridicules, insults (including offensive namecalling) and offensive comments about dress,appearance, sexual orientation or physique, andthe writing and/or sending of written materials,including emails, of an offensive nature.’

Case study #2 Derbyshire County Council encourages

lesbian, gay and bisexual staff to report incidentsof bullying and harassment in a number of ways.In addition to encouraging people to reportincidents to their line manager, trade union ordirect to human resources, the councilencourages lesbian, gay and bisexual employeesto report incidents to the lesbian, gay andbisexual staff network group or to the council’sin-house counselling service. The network grouphas a named contact available for people toreport incidents to.

☛

☛

{1 Have a bullying

policy that makesclear homophobicbullying will not betolerated and providesexamples of what it caninclude.

2Advise managerson how to identify

and tackle homophobicbullying at work.

3Tell your staff thatall forms of

bullying, includinghomophobic bullying,will not be toleratedand how to report anyincidents of bullying.

4Provide severalways people can

report bullying,including theopportunity to reportanonymously, toencourage lesbian, gayand bisexual peoplewho may not be ‘out’ toreport incidents.

5Collect data on thenumber of

incidents of homophobicbullying to identify anypatterns, for example, indifferent divisions ofyour organisation.

top tips

For more informationon preventing and

responding tohomophobic bullyingand harassment visit

www.stonewall.org.uk/at_work

9

☛

It is unlawful to discriminate on the grounds ofsexual orientation in all aspects of employmentincluding pay, benefits and terms and conditions.Employers must make sure that lesbian, gay andbisexual people are able to access any benefits aheterosexual employee in a comparable situationcan access.

Policies that cover pay and bonuses, pensions,parental leave, health insurance, travelconcessions and relocation allowances foremployees and their partners should be open toall. In particular employers should make sure thatall their benefits are explicitly available to bothopposite-sex and same-sex couples.

Not all lesbian, gay and bisexual people are awareof their legal entitlements, or the rules coveringthings like paternity leave. Employers shouldtherefore proactively promote to all staff thatbenefits are open to all employees regardless ofsexual orientation. Some may be reluctant totake advantage of benefits packages available tocouples for fear of ‘outing’ themselves whenapplying for them. Employers should enableemployees to request such benefits confidentially.

Case study #1 Lloyds Banking Group has reviewed their

benefits policies to ensure they are open to staffregardless of sexual orientation. There is explicitmention in policies such as parental leave andcompassionate leave policies that references topartners and families includes same-sex partnersand families.

Case study #2 Warwickshire County Council has

published LGBT Staff – Your Rights and Benefitsfor lesbian, gay, bisexual and transgender staff,and their managers. It explains to staff andmanagers how different types of leave apply tolesbian, gay and bisexual staff as well as thepension scheme. The guide has been distributedto all line managers, is available on the intranetand through the staff network group.

4.3 Terms, conditions and benefits

☛

☛

For more informationand case studies visitwww.stonewall.org.uk/at_work

1 Review all pay,benefit and leave

policies and documentsto make sure they applyequally to lesbian, gayand bisexual, andheterosexual staff.Amend the wording ofpolicies so that theyexplicitly state theyapply equally.

2Actively promotethat benefits are

open to all staffregardless of sexualorientation. Train staffwho advise employeesand make decisionsabout benefits, includingline managers, on theirapplicability to lesbian,gay and bisexual staff.

3Require suppliers ofbenefits, such as

private health providers,to provide them freefrom discrimination.

4When promotingbenefits, for

example in inductionmaterials, includeexamples of employeeswith same-sex partnersto show that they areopen to everyone.

5Considerimplementing a

benefits programmewhere all staff cannominate any otherperson to share theirbenefits without statingtheir relationship tothem. This allowslesbian, gay and bisexualpeople to nominate apartner without outingthemselves.

top tips

{Employers must make sure that lesbian,gay and bisexual people are able toaccess any benefits a heterosexualemployee in a comparable situation can access and enable employees to request such benefits confidentially

10

Staff may not understand the experiences oflesbian, gay and bisexual people and mayunwittingly behave unlawfully or inappropriately inthe workplace. Even if it is unwitting, employerscan be held liable for this behaviour if they haven’ttried to address it.

It is important that staff are made aware thatdiscrimination and homophobic bullying at workare unacceptable and the reasons why. Giving stafftraining about what constitutes appropriate andinappropriate behaviour, using examples ofhomophobic language, makes clear theorganisation’s position on homophobic bullying.

Some staff should also receive more specifictraining relevant to their roles. Managers shouldreceive training on how to identify and challengehomophobic bullying at work, how to fairlyimplement the organisation’s policies, as well ashow to support lesbian, gay and bisexual staff. Staffin customer facing roles should receive training onthe needs of lesbian, gay and bisexual service usersor customers, for example, care home providersshould receive training on the needs of olderlesbian, gay and bisexual people.

Case study #1 Bristol City Council has developed a

booklet called ‘Out in the workplace’ thatshowcased LGB people who work in the Counciland wider public sector in Bristol. There is also abriefing session to accompany the resource formanagers to hold with their team that looksspecifically at how to make the workplace a safeand comfortable place for lesbian, gay andbisexual staff. The training covers whathomophobia and heterosexism looks like, how toreport it and includes case studies to promptgroup discussion.

Case study #2 Every line manager at IBM undergoes new

manager orientation training that includes aspecific section on managing and supportingdiverse staff groups. The training includes ascenario about managing homophobic jokes in ateam where the manager knows that one of theteam members is gay but this is not knownwithin the team more widely. The session invitesmanagers to think through how they would act inchallenging situations; prompting them wherenecessary that they should remind staff thatinappropriate humour is not tolerated by IBMand will not be tolerated in their team.

☛

☛

4.4 Training

For more informationon resources you canuse to train your staff

on the issuessurrounding sexualorientation and the

impact on bothemployees and the

organisation visitwww.stonewall.org.uk

/at_work

1 Start an on-goingprogramme of

training for all staff onthe importance oftreating lesbian, gay andbisexual people withrespect and theorganisation’s policieson bullying andharassment.

2Make sure all newstaff are required

to undertake thistraining within a setperiod.

3Hold line managersaccountable for

their staff completingthe trainingsatisfactorily.

4Deliver specifictraining to line

managers to help themdeliver the organisation’spolicies equallyregardless of sexualorientation. Also providethem training on how tosupport lesbian, gay andbisexual staff.

5Encourage yourstaff to stand up

and tackle homophobicbullying or offensivebehaviour when theywitness it.

top tips

{Giving staff training about what constitutes appropriateand inappropriate behavior makes clear theorganisation’s position on homophobic bullying

11

4.5 Supporting lesbian, gay and bisexual staff

top tips

1Before setting up anetwork group

consult your yourlesbian, gay and bisexualstaff to cultivateinterest. Use your staffintranets, noticeboardsor staff emails topromote the idea andprovide an anonymousmeans by which staffcan talk to you about it.

2Get the seniorleadership of your

organisation tochampion and promotethe network. This willdemonstrate that yourorganisation is committ-ed to supporting andlistening to lesbian, gayand bisexual staff.

3Arrange formeetings to take

place in discretelocations allowing staffwho are not out at workto attend. Provide a

means for staff insatellite offices to take part too. Membersshould agree the group’spurpose, structure,attendance and how itwill engage with theleadership of theorganisation.

4Engage with thenetwork regularly

and consult them on newand on-going equalityinitiatives. This will keep

members involved andhelp employers identify practical ideas that will help improve theworkplace culture.

5Actively promotethe group to all

staff, especially newrecruits.

6Besides a staffnetwork group for

lesbian, gay andbisexual employees, you

may also wish toconsider setting up anAllies network forstraight staff to showtheir support for theircolleagues.

7Provide managerswith the training,

support and resourcesthat will enable them tolead diverse staff groupsand challengeinappropriatebehaviour.

Case study #1 The Environment Agency set up a network

group after consulting with staff in 2005. Thegroup provides lesbian, gay and bisexual staffnetworking opportunities and advice on careerprogression. The group also advises theorganisation on the impact of policies andpractices on gay people. As the agency has over11,000 staff working across England and Wales,the network has regional leads to support staff,many of whom work in small offices across thecountry. The group tries to ensure staff canaccess information regardless of their location bycommunicating using posters in local offices, theintranet and through email. They have adedicated committee member who engages fieldstaff and other hard to reach staff.

Case study #2 Goldman Sachs has supported the

development of a Managing Director Ally (MDAlly) Programme that partners with the LGBTNetwork. The programme enables managingdirectors from each of the 13 divisions withinEMEA to demonstrate that they, and theorganisation, support LGBT employees. Allies dothis through promoting and attending LGBTspecific events, modelling inclusive behaviourand language and ensuring that trainingprogrammes are cascaded throughout theirteams and divisions. Each Ally is also reversementored by a member of the LGBT Network tohelp senior staff understand the day-to-dayexperience of LGBT employees at the organisation.

☛

☛

For more informationon setting up anetwork group andinvolving straightcolleagues visitwww.stonewall.org.uk/at_work

Taking action to prevent discrimination is a positivefirst step. However, the very best employersengage directly with their lesbian, gay and bisexualstaff to find out how best to make their workplacesinclusive of all sexual orientations.

Lesbian, gay and bisexual employee networks are auseful way to listen to staff and provide themsupport. Smaller employers may not have enoughstaff to establish a functioning network group butmany industries are beginning to establish industry-wide networks of lesbian, gay and bisexualemployees.

The relationship between lesbian, gay and bisexualstaff and their line manager is key. If they feelunable to be ‘out’ to their manager it will have animpact on their performance, particularly if thisprevents them from making a complaint aboutbullying, or accessing partner benefits. Linemanagers should therefore be trained on how toaddress incidents of bullying and how benefitsapply to same-sex couples.

Straight people have a critical role to play increating workplaces that are inclusive of lesbian,gay and bisexual people. Their visible support ofnetwork groups and lesbian, gay and bisexualcolleagues can have a transformative effect on theworkplace culture. They play a crucial role,especially when in senior positions within anorganisation, in demonstrating that equality for allis an issue the organisation is committed to.

12

Employers that do not encourage the careerdevelopment of all of their staff cannot capitaliseon the full potential of their employees. Lesbian,gay and bisexual employees can sometimes find itdifficult to progress within organisations becausethey are not able to be themselves at work. It isimportant that organisations review existingtalent or career development opportunities toensure lesbian, gay and bisexual staff participatein these programmes.

Some lesbian, gay and bisexual people strugglewith the prospect of coming out to a new teamwhile others may feel daunted by the task ofnetworking in order to secure a promotion. Somemay feel that the organisation may discriminateagainst them in the application process,particularly if they do not see any openly lesbian,gay or bisexual people in senior positions withintheir organisation.

Employers can often replicate work they havealready done to encourage the career developmentof women and black and minority ethnic staff tocreate an environment where lesbian, gay andbisexual staff are able to be themselves and havethe confidence to seek promotions.

1 Talk to your lesbian,gay and bisexual

staff about the concernsthey may have aboutcareer progressionwithin yourorganisation. Encouragesenior lesbian, gay andbisexual staff to be openabout their sexualorientation and to act asrole models for morejunior staff.

2Promote anyexisting leadership

or training opportunitiesto lesbian, gay andbisexual staff. Makesure line managershighlight trainingopportunities to all staffand openly discuss withlesbian, gay andbisexual staff anyconcerns they may haveabout their careerprogression.

3Monitor the sexualorientation of your

staff across all grades toobtain reliable data onthe representation oflesbian, gay andbisexual peoplethroughout theorganisation. Inparticular, monitor atexit and conduct exitinterviews to identifywhether a lack of careerprogression is makinglesbian, gay andbisexual employeesleave the organisation.

4Consider sendinghigh-potential

lesbian, gay andbisexual staff ontailored leadershiptraining, such as theStonewall LeadershipProgramme, to givethem the skills andconfidence to progress.

5Communicate withall staff why the

organisation isaddressing the careerdevelopment of lesbian,gay and bisexualemployees. Make surethat if you providetailored programmes forlesbian, gay andbisexual staff that thereare alternatives forother staff.

Case study #1 Nottinghamshire Healthcare NHS Trust

monitors staff participation in training andleadership opportunities. This data is broken downby sexual orientation and is kept under review atboard level. In addition the trust promotes trainingand leadership programmes, including Stonewall’sLeadership Programme, through the lesbian, gayand bisexual employee network.

Case study #2 Accenture offers a variety of learning

opportunities designed to educate and retainindividuals, promote inclusion and diversity in theworkplace and prepare employees to collaboratesuccessfully to deliver high performance forclients. In 2012, Accenture collaborated withStonewall to host an in-house leadershipprogramme for lesbian, gay, bisexual andtransgender (LGBT) employees to help improvethe representation of LGBT people at seniorlevels within the organization. The course wasdesigned to provide LGBT employees with theright tools and capabilities to act as role modelsfor other LGBT staff at Accenture.

☛

☛

top tips

For more informationon the career

development oflesbian, gay and

bisexual staff visitwww.stonewall.org.uk

/at_work

4.6 Career development

13

Monitoring sexual orientation enables employersto find out how many lesbian, gay and bisexualpeople work for them and how their experiencesat work compare to that of their colleagues.Monitoring data can be used to identify levels ofjob satisfaction amongst lesbian, gay and bisexualstaff, or whether there are barriers to reachingthe most senior positions in the organisation. Italso helps organisations better understand theirclients and service users, helping them tailor theirproducts and services to customers’ needs.

Quite simply, sexual orientation monitoringentails asking employees, customers and serviceusers the following question:

What is your sexual orientation?

■■ Bisexual■■ Gay man■■ Gay woman/lesbian■■ Heterosexual/straight■■ Other■■ Prefer not to say

Asking employees, customers or service users todeclare their sexual orientation in a monitoringexercise is not the same as encouraging them to‘come out’ to their colleagues or service providers.Monitoring is about collecting data, in some casesanonymously, in order to identify broad trends.

4.7 Monitor your workforce and customers

For more informationon how to monitorsexual orientation visitwww.stonewall.org.uk/at_work

{

Case study #1 Barclays analyses applicants’ sexual

orientation when they apply for roles. Thesystem enables Barclays to track applicantsthrough each of the recruitment stages –application, shortlist and job offer. Applicantshave the option of ticking ‘prefer not to say’but are encouraged to declare.

Case study #2 St Mungo’s analyses its staff monitoring

data annually to determine the distribution oflesbian, gay and bisexual staff by grade. Inresponse to findings that the SeniorManagement Team was not representative ofthe organisation as a whole, the charityintroduced a mentoring programme toincrease the diversity of senior management.The programme works with staff from minoritygroups, including lesbian, gay and bisexualstaff, supporting them to develop the skills andconfidence they need to move into seniormanagement positions.

☛

☛

top tips

1Before starting tomonitor understand

why you are doing itand what you want tofind out. Talk to yourlesbian, gay andbisexual staff to workout the best way tointroduce sexualorientation monitoringand to allay anyanxieties about itsintroduction.

2Explain why youare monitoring to

the wider workforce andhow privacy will beprotected. UseStonewall’s What’s itgot to do with you?guide to explainmonitoring to staff andcustomers.

3Monitor sexualorientation at all

stages of employmentfrom application to exit.Monitor responses toany staff satisfactionsurveys or reports ofbullying and harassmentto identify whetherlesbian, gay andbisexual people aredisproportionatelydissatisfied or victims ofbullying.

4Analyse the dataand take action to

address any issueshighlighted. Forexample, if you identifythat no lesbian, gay andbisexual people applyfor positions, takeaction to promote jobpositions onwww.proudemployers.co.uk

5Tell staff what youhave done as a

result of collecting thedata. Publish thefindings so that peoplecan see you areinvestigating the issuesfaced by lesbian, gayand bisexual people inyour organisation. Makesure that no individualscan be identified fromany data you publish.

14

Deciding how to spend money is of criticalimportance to every organisation and it’s vitalthat the billions spent each year on goods andservices are spent with the right suppliers.

There are many factors for an organisation toconsider when choosing a supplier to delivergoods or services on its behalf. Equality might notbe the first consideration that comes to mind, but the procurement process is an idealopportunity to advance equality for lesbian, gayand bisexual people.

For public bodies – and organisations deliveringpublic services on their behalf – there is a legalimperative too. The Equality Act places a duty onthem to promote equality for lesbian, gay andbisexual people in all of their work, includingwhen working with suppliers.

Nudging suppliers towards promoting equalityand diversity has already proved effective forrace equality, which many organisations havebeen integrating into the procurement processfor years. Encouraging suppliers to take similaraction to promote equality for their lesbian, gayand bisexual staff and service users need not becomplex or costly.

Case study #1 Leeds City Council’s policy on equality in

procurement clearly states that ‘promotingequality and diversity through procurement isimportant and must be considered as anintegral part of the contract’. The council haspublished specific guidance for officers on howto identify equality impacts at the tenderscoping stage and how to monitor performanceon equality and diversity for the duration of acontract.

Case study #2 Through their engagement with their

key on-site suppliers Simmons & Simmonsestablished that their suppliers’ diversitymonitoring was often not to the standard thatthey would recommend. Whilst a number oftheir on-site suppliers were monitoring thingslike gender and ethnicity, very few weremonitoring the sexual orientation of their staffpartly because they were concerned aboutdoing so. In response to this, the firm reachedan agreement with these suppliers to monitorthe sexual orientation of their employees. The firm has provided them with comprehensiveadvice on sexual orientation monitoring goodpractice, including a template monitoring formthat suppliers are currently implementing.

☛

☛

top tips

1Make sure yourcontracts with

suppliers require them,at minimum, to meettheir obligations underthe Equality Act 2010.

2Consider placingspecific

requirements on yoursuppliers to improvetheir workplaces fortheir lesbian, gay andbisexual staff and theirservices for lesbian, gayand bisexual customers.For example, encouragethem to train all theirstaff on appropriatebehaviour in theworkplace.

3Train your staffwho handle

contracts with suppliersto easily explain whysexual orientationequality is somethingyour organisation iscommitted to. Trainthem specifically onhow they can encouragesuppliers and hold themto account on sexualorientation equality intheir workplaces.

4Hold your suppliersto account on

improving theirworkplace and servicesfor lesbian, gay andbisexual people. If theyfail to improve, work outhow you can supportthem. If they consistentlyfail to do so, or if theyare found to activelydiscriminate againstlesbian, gay and bisexualpeople, terminate theircontract.

{ The procurement process is an ideal opportunityto advance equality for LGB people

For more informationon how to encouragesuppliers to improvetheir workplaces and

services to lesbian, gayand bisexual people

visit www.stonewall.org.uk/at_work

4.8 Influencing your suppliers

15

Government actuaries estimate that six per centof the population, 3.7 million people, are lesbian,gay or bisexual. Lesbian, gay and bisexual peopleare, therefore, an important market forbusinesses and constitute a significant portion ofthe community being served by public bodies.

Many businesses and public services do not fullyunderstand what products and services lesbian,gay and bisexual people need. This means thatsometimes they’re not always appropriate or aretargeted or marketed ineffectively. Meanwhile,some lesbian, gay and bisexual people assumethat certain providers or products are not opento them, meaning it is important thatorganisations promote the fact that theirproducts and services are open to everyone.

For private bodies it is crucial that theyunderstand the market, rather than developingtheir products and services on assumptions aboutthe lifestyles of lesbian, gay and bisexual people.The law is also clear that they must deliver thoseproducts free from discrimination.

For public bodies it is important that lesbian, gayand bisexual people, who help fund those services,feel confident that they can use services that meettheir specific needs, and that they’ll be delivered ina sensitive and fair manner. In shaping services,public bodies should use the wide range ofresearch analysing the specific needs of lesbian,gay and bisexual people.

4.9 Customers and service users

For more informationon improving yourgoods and services toyour customers andservice users visitwww.stonewall.org.uk/at_work

Case study #1 Cardiff University consults lesbian, gay

and bisexual students and other stakeholders tohelp them better address their needs orconcerns. This is done through a variety of waysincluding via a working group that involves aHead of School, the Chair of the University'sLGBT+ staff network and the Chair of theUniversity’s LGBT+ student group and viarepresentation of the University's LGBT+Network on the Equality Committee that isChaired by the Deputy Pro Vice Chancellor. Theworking group developed a survey for allstudents that aimed to identify if the experienceof lesbian, gay and bisexual students weredifferent from their peers. The findings of thisinformed the university’s equality plan.

Case study #2 Your Homes Newcastle provides

mandatory customer service training to all newstarters, covering why good customer serviceis important and how to deliver it. The traininghighlights equality and diversity considerationswhen working with service users, addressingall the characteristics in the Equality Act 2010including sexual orientation. The trainingexplains that knowing the organisation’sservice users better helps staff tackleinequality in service provision and ultimatelyprovide a better service.

☛

☛

top tips

1Whether you’re apublic or private

organisation train yourstaff to make sure theyare delivering servicesfree from discrimination.Make sure, for example,that call centre staffunderstand thatmarriage is open to bothsame-sex and opposite-sex partners.

2Send a clearmessage to

customers and serviceusers of the standardsthey can expect whenusing your service.Distribute Stonewall’splain English guideWhat’s It Got To DoWith Me? whichexplains how they canensure they arereceiving services thatare delivered fairly.

3Be clear with yourservice users or

customers that youencourage them toprovide feedback if theyexperience poor serviceor inappropriatebehaviour because oftheir sexual orientation.Monitor yourcomplaints so you canidentify any specificproblems experiencedby lesbian, gay andbisexual customers.

4Public bodies inparticular should,

when planning services,use clear research onwhat their lesbian, gayand bisexual serviceusers need. Considersetting up a forum withother local public bodiesto consult local lesbian,gay and bisexual peopleabout their concernsand needs.

5To promote yourservices as open to

all use images of same-sex couples or familiesin your advertisingalongside images ofopposite-sex couplesand families.

16

Employers are increasingly aware that they need todemonstrate their commitment to sexualorientation equality to their staff, potentialapplicants and the wider community. An importantway to do this is to engage with the local lesbian,gay and bisexual community and support workaimed at tackling homophobia in wider society.

Issues such as homophobic bullying in schoolsand hate crime concern lesbian, gay and bisexualpeople across Britain, including your lesbian, gayand bisexual employees. Many local organisationswork entirely voluntarily to tackle these issuesand require funds and support to function.Modest support can make a huge difference tothese groups.

As an employer you should encourage your staff todemonstrate their commitment to sexualorientation equality. In particular, you couldencourage your lesbian, gay and bisexual staff toact as role models to young people to show themthat their sexual orientation does not have to be abarrier to their own ambition and success.

4.10 Support the local community

For more informationon local lesbian, gay

and bisexualcommunity groups

visit www.stonewall.org.uk/at_work

Case study #1 PwC sponsors lesbian, gay and bisexual

community events and supports its staff toengage in volunteering with equalityorganisations. In addition to supportingStonewall and GLEE@PwC – the inclusivebusiness network for gays, lesbians andeveryone else – PwC participates in a range ofactivities to fundraise for lesbian, gay andbisexual community groups. The network hasalso engaged with schools to raise awarenessof, and to help tackle, homophobic bullying.

Case study #2 Gentoo has given financial and in-kind

support to a number of different lesbian, gayand bisexual community organisations andinitiatives. It has given financial support toNorthern Pride, Sunderland Pride and the LGBT Federation. Gentoo was also one of thefounders and sponsors of LGBT North East, a forum for lesbian, gay, bisexual and transpeople.

☛

☛

top tips

1Demonstrate yoursupport by attending

local lesbian, gay andbisexual communityevents such as Prides.Promote the work youare doing in the localmainstream and lesbian,gay and bisexual press.

2 If you haverelationships with

local schools, supportthem to tacklehomophobic bullying.Consider funding themto join Stonewall’sSchool Championsprogramme that canprovide them with in-depth tailored support.

3Encourage seniorlesbian, gay and

bisexual staff to act asrole models or mentorsto their juniorcolleagues. This will helpdemonstrate to youngpeople that their sexualorientation is no barrierto their success andhelps promote yourorganisation as aninclusive workplace forlesbian, gay andbisexual people.

4Fundraise forlesbian, gay and

bisexual communityorganisations thatotherwise may lackfunding. Allow your staffto donate to equalitycharities through thepayroll giving scheme.

5Provide support in-kind to local

lesbian, gay andbisexual groups. Forexample, you cansupport them byproviding workexperience to membersof a local lesbian, gay orbisexual youth group oroffering meeting spacesfor community groups.

{You could encourage your lesbian, gay and bisexual staff to act as rolemodels to young people to show them that sexual orientation neednot be a barrier to their own ambition and success.

17

Stonewall DiversityChampions Programmes

Stonewall’s Diversity Champions programme andthe Global Diversity Champions programme arebest practice forums for lesbian, gay and bisexualworkplace issues. With a ten-year track record,we bring together top employers from acrossBritain and the world to promote diversity in theworkplace.

For more information visitwww.stonewall.org.uk/dcs or contact us onworkplace@stonewall.org.uk or 020 7593 1868.

Stonewall WorkplaceConference

The annual Stonewall Workplace Conference isBritain’s leading conference on sexual orientationequality and diversity in the workplace. Ourgrowing Diversity Champions and Global DiversityChampions programmes offer advice and supportto over 650 major organisations.

Email workplace@stonewall.org.ukor call us on 020 7593 1868 for further details.

Workplace Equality Index

The Workplace Equality Index is Stonewall’s freeannual benchmarking exercisethat showcases Britain’s top employers forlesbian, gay and bisexual staff.

For more information visitwww.stonewall.org.uk/wei or contact us onworkplace@stonewall.org.uk or 020 7593 1868.

The Stonewall LeadershipProgramme

The Stonewall Leadership Programme provides aunique space for current and future leaders in yourworkplace to look at questions around sexualorientation, authenticity and how these can beused to develop an individual’s leadership abilities.

For more information visitwww.stonewall.org.uk/leadershipor contact us on workplace@stonewall.org.ukor 020 7593 1868.

5 Useful information

18

Stonewall Publications

All the publications and research referenced in this guide are free to download from www.stonewall.org.uk/publications. Hard copies can be ordered through www.stonewall.org.uk/resources or by calling 08000 50 20 20.

TOOLS FOR EMPLOYERS

www.stonewall.org.uk

Peak PerformanceGay people and productivity

POLICY GUIDES AND RESEARCH

WORKPLACE GUIDES

Designed by Lucy Ward

Stonewall Diversity Champions Programme

Stonewall’s Diversity Champions programme is Britain’s leading employers’ forum on sexualorientation. We help businesses, charities and public services to develop inclusive workplacecultures. With over 640 members who employ over six million staff, our programme is the largestnon-governmental intervention of its kind in the world.

Members receive a range of benefits, including a dedicated Client Account Manager in Stonewall’sWorkplace Team, an annual Workplace Equality Index benchmarking meeting and tailored advice tohelp enable you to tap into the full potential of your workforce.

Membership also entitles you to free and priority access to Stonewall seminars held in locationsacross Britain and discounted rates for our national conferences and leadership programmes. Our seminars highlight the latest good practice on topical issues and our national conferencesprovide an inspiring line-up of keynote speakers and masterclasses to develop the edge overcompetitors. They are also incredible networking opportunities where you can share ideas withover 600 employers across different sectors and regions.

Employers operating internationally also now have the opportunity to join Stonewall’s GlobalDiversity Champions programme. Our growing network of top international employers benefit fromStonewall’s expertise in supporting gay staff no matter which country they are based in. Membersreceive a range of additional benefits, including dedicated seminars and research on issues specificto international employers as well as an in-depth global benchmarking meeting to track progress.

At a time when every employer is trying to do more with less, no employer can choose to ignoretheir most critical resource – their workforce. To find out more about what the Diversity Championsprogramme offers or how Stonewall can help your organisation, please get in touch. Stonewall andour top-performing partners are here to help.

SEXUALORIENTATION EMPLOYERTOOLKIT

Charity No 1101255