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Submit Home | Blog | Can An Employer Ask About Your Sexuality Kate Brooks Kate Brooks Partner, Solicitor & Head of Employment/HR Services Make an Enquiry Contact Us View Profile 5 Oct 2017 Can an employer ask about your sexuality? LGBT+ Legal Advice An employer is not expressly prohibited from asking about a potential employee’s sexuality. The question of sexuality can be a really positive one at interview stage, but only if the employer is asking the question for the right reasons. In fact some studies have shown that not asking about sexuality in monitoring forms is actually a repellent to some candidates. Including sexual orientation in a monitoring form shows that the organisation has sexuality on their radar for positive reasons. The question should only ever be asked in order that the employer can monitor and ensure equality, and employer should have clear and defined confidentiality and data protection policies in place to protect this information. On the other hand, it is without doubt that an employer should not be using a person’s sexuality as a criterion to decide whether they are the correct candidate. To do so would be unlawful and in breach of discrimination legislation. An example of this is: Mr H applied to run Mr B’s pub. Mr B asked Mr H if he had a wife or girlfriend, when Mr H disclosed that he was gay, Mr B stated that there was “no way” he would employ a gay couple as it would be disastrous for his business. The tribunal found this was direct discrimination and awarded compensation to Mr H which ultimately put Mr B out of business. If you have concerns about a potential employer’s motives for asking about your sexuality, do not hesitate to make contact with one of our experts on 01202 075754 or send Kate Brooks an email enquiry. Alternatively, visit our newly launched 'Same-Sex Legal Advice' service pages to find out more on lgbt employment law. Share : Facebook | Twitter | LinkedIn | Google+ Print Back to Blog Kate Brooks Kate Brooks Partner, Solicitor & Head of Employment/HR Services Make an Enquiry Contact Us View Profile Bournemouth 302 Charminster Road, Bournemouth, Dorset BH8 9RU Tel: 01202 525333 Christchurch 55 Basepoint Aviation Park West, Christchurch, Dorset BH23 6NX Tel: 01202 057666 Poole 14a Haven Road, Canford Cliffs, Poole, Dorset BH13 7LP Tel: 01202 709898 Ringwood Monmouth Court, Southampton Road Ringwood, Hants BH24 1HE Tel: 01425 484848 Swanage 55 High Street, Swanage, BH19 2LT Tel: 01929 422233 Wimborne 39a East Street, Wimborne, Dorset BH21 1DX Tel: 01202 057676 London Office 309, 107 – 111 Fleet Street, London EC4A 2AB Tel: 02039 784720 Registered Office 302 Charminster Road, Bournemouth BH8 9RU Ellis Jones Solicitors LLP is a Limited Liability Partnership registered in England and Wales with number OC345296 and is authorised and regulated by the Solicitors Regulation Authority under number 512098. 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