The recent surprise ruling by Poland’s constitutional tribunal indicated that certain aspects of EU law clash with Poland’s own constitution, leading to speculation that Poland may consider leaving the EU.  No small part of the conflict between the Polish and EU laws, relates to the LGBT rights currently enshrined in EU treaty articles, the Treaty of Amsterdam reinforced by the Charter of Fundamental Rights of the European Union Article 21

Clearly, this is disturbing news for Poland’s LGBT community. Rafał Trzaskowski, the gay-friendly mayor of Warsaw expressed concern regarding the Law and Justice party led by Jaroslaw Kaczyński and the challenge to the LGBT community should the party ever assume power. 

The LGBT community in the UK exhibited concerns that the UK’s exit from the EU would erode the LGBT rights in the UK and now appear to be facing a significantly increased level of attacks based purely on homophobia. 

The lawyers in the LGBT division of Giambrone & Partners warn that homophobic discrimination in the workplace is also increasing and the commercial upheaval in the aftermath of the pandemic leading to many businesses deciding on redundancy programmes is providing some employers with what they think is the opportunity to shed perceived problem employees from the LGBT community and lose the risk, which in turn, will led to a greater number of cases in the Employment Tribunal.

Daniel Theron, a partner who leads the LGBT division of Giambrone & Partners, commented “the employment law in England and Wales relating to discrimination arising from sexual orientation is quite clear.  The Equality Act 2010  clearly states that an employee should not be discriminated against on the grounds of their sexuality.”  Daniel further states that “Unlike Poland the UK is extremely alert to the rights of the LGBT community, it is simply that homophobia appears to be ingrained in some sections of society and there is a requirement for a greater desire, on the part of law enforcement agencies, businesses and global organisations to root out the perpetrators.”

Workplace discrimination aimed at LGBT employees arises far too frequently and is often dismissed by managers, colleagues and even human resources staff as harmless banter or imagined detrimental differences in opportunity for career advancement.

There is nearly always a legal remedy to homophobia wherever it is seen, it is simply having the resolution to pursue the remedy.  Our LGBT lawyers frequently enjoyed a high level of successful outcomes when managing matters relating to a range of issues involving the LGBT community.  We are very aware of the sensitivity surrounding this area and make every effort to assist our clients with understanding and support. 

Our lawyers always attempt to negotiate a settlement privately whether by means of arbitration, mediation or simply face-to-face informal talks in order to shelter our clients from the public gaze or the risk of intrusive press comment. Litigation before a court or in a tribunal is the last resort.