Pride Month: a time to reflect as well as celebrate

Since the Stonewall riots in 1969, a powerful turning point in the gay rights movement, UK employment law has come a long way – and still continues to develop at pace. Organisations that fail to keep up risk more than legal exposure; they may also face challenges with recruitment, retention, grievances, employee engagement and reputation. Taking a proactive, structured approach to DEI is now a core part of effective workplace governance.

So, this Pride, take the opportunity to reflect on your organisation’s progress and consider some of these key questions:

1. Have you reviewed your Equal Opportunities or DEI policy recently? An effective DEI policy should set out clearly the behaviours and standards expected to prevent discrimination and ensure a fair and inclusive workplace.  A DEI policy is recommended by the EHRC Employment Statutory Code of Practice (‘EHRC Code’), which provides guidance on the content, implementation and monitoring of such policies.  An effective DEI policy, which is properly implemented, regularly reviewed and acted on builds confidence within the organisation and to potential applicants that DEI is taken seriously. It can also help an employer in the defence of claims if an issue were to arise.

2. Have your managers received training recently on equal opportunities and DEI, including the issues that affect the LGBTQIA+ community, such as discrimination and harassment on the grounds of sexual orientation or gender reassignment? A written policy that no one knows about, or a 10 minute video that is watched by new starters on day one and never referred to again is not going to be good enough. Proper and regular training that educates and gives managers confidence to approach their roles within the organisation with equity and inclusion in mind is crucial.

3. Would your organisation benefit from any new policies which support the LGBTQIA+ community? For example, a gender identity policy which sets out the organisation’s approach to gender identity in the workplace, as well as how it supports transgender staff who transition at work.  Whilst not a legal requirement, research has found that workplace disputes relating to a person’s transition tended to be more prevalent in organisations where policies were developed in response to an employee’s request to transition. Being proactive with such a policy can help to avoid issues arising in the first place and also promotes inclusion for potential new starters and existing trans employees.

4. Are your grievance procedures effective? Unfortunately, despite best efforts, sometimes issues can still arise. If an issue were to arise in the workplace, would an employee know how to raise this with the appropriate person? Would a manager know how to deal with it? Again, a written policy is needed, but employees also need to be aware of its existence and managers trained on how to address issues effectively and act in accordance with the organisation’s policies and best practice.

5. Are you up to date with recent and upcoming changes? For example, it is anticipated that from October 2026 the standard expected of employers will shift from taking “reasonable steps” to prevent sexual harassment to taking “all reasonable steps”.  Employers will also be under a duty to take “all reasonable steps” to prevent third-party harassment (for example, by clients or customers) in relation to all relevant protected characteristics, including but not limited to sexual orientation and gender reassignment.  In sectors such as hospitality and retail, as employees come into regular contact with the public, the employer has much less control over these interactions.  Therefore, the duty to take all reasonable steps to prevent third party harassment may be particularly challenging and require careful consideration.  Additionally, following the 2025 case of For Women Scotland Ltd v Scottish Ministers, which found that for the purposes of the Equality Act 2010, “woman” means biological woman and “man” means biological man, employers should be looking at how they can strike a lawful balance between complying with the For Women Scotland decision in respect of single-sex facilities whilst also ensuring that all staff, including trans people, are treated with dignity and protected from discrimination and harassment.

Overall, there is an increasing expectation that employers must adopt a proactive, structured and transparent approach to DEI in the workplace.  This includes not only responding to issues that arise but also actively encouraging and promoting an inclusive workplace culture.

How can Greenwoods help

If you would like support reviewing your organisation’s policies and procedures, or implementing effective workplace practices and training, our Employment team would be happy to assist.  Also make sure that you are signed up to our email updates for upcoming legal changes.