The equality deficit: Protection against discrimination on the grounds of sexual orientation in employment

Busby, N. and Middlemiss, S. (2001) The equality deficit: Protection against discrimination on the grounds of sexual orientation in employment. Gender, Work and Organization, 8(4), pp. 387-410. (doi: 10.1111/1468-0432.00138)

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Abstract

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.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Busby, Professor Nicole
Authors: Busby, N., and Middlemiss, S.
College/School:College of Social Sciences > School of Law
Journal Name:Gender, Work and Organization
Publisher:Wiley
ISSN:0968-6673
ISSN (Online):1468-0432
Published Online:16 December 2002

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