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The National LGBT Forum is for

  • Lesbian, gay, bisexual and transgender people in Scotland
  • Our friends, families, and allies
  • National and local LGBT organisations and communities
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Your Rights

 

Leaving a job

You're leaving your job, and you worry that your employer may reveal your sexual orientation or your gender identity to your next employer when they ask for a reference.

It is unlawful for an employer to write you an unfair reference because of your sexual orientation (the Employment Equality (Sexual Orientation) Regulations 2003) or your gender identity (the Sex Discrimination (Gender Reassignment) Regulations 1999).

If you transitioned recently and are using a past employer as a reference,  someone for whom you worked before you transitioned, you can contact your past employer to ask them if they will give you a reference under your present name. This is not unlawful unless your gender identity is directly relevant to the job you are applying for, which should be made clear when the job is advertised.

If you are dismissed from your current job, and you feel that there is evidence that you were dismissed because of your sexual orientation or your gender identity becoming known to your employers, the recommended first step is to discuss this with the Equality and Human Rights Commission or with a solicitor.

There is a firm time limit on formal complaints of discrimination under this law. You must make a complaint to the Employment Tribunal within three months of when you first become aware of the discrimination.

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Funded by the Scottish Government and developed by the Equality Network, supported by LGBT Youth Scotland and Stonewall Scotland