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The Equality Deficit: Protection against Discrimination on the Grounds of Sexual Orientation in Employment
Author(s) -
Busby Nicole,
Middlemiss Sam
Publication year - 2001
Publication title -
gender, work and organization
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.159
H-Index - 73
eISSN - 1468-0432
pISSN - 0968-6673
DOI - 10.1111/1468-0432.00138
Subject(s) - redress , legislation , sexual orientation , dismissal , unfair dismissal , context (archaeology) , political science , employment discrimination , law , law and economics , business , sociology , psychology , social psychology , paleontology , biology
The provisions of UK law offer no specific protection to gay men and lesbians suffering discrimination in the workplace on the grounds of sexual orientation. Such discrimination may take many forms and can result in ‘fair’ dismissal in certain circumstances. This article considers the degree of legal protection available under current provisions and investigates possible sources for the development of specific anti‐discrimination legislation. It is concluded that, despite the application of certain aspects of employment law, the level of protection afforded to this group of workers amounts to an equality deficit in comparison to the legal redress available to those discriminated against on other grounds. Although the development of human rights legislation may have some application in this context, the combination of institutionalized discrimination and wider public policy concerns suggest that the introduction of specific legislation aimed at eliminating such discrimination in the United Kingdom is still some way off.