W&P Legal head of partnerships and client engagement Steina McKenna explains the law protecting your LGBTQ+ clients’ rights.
Pride Month is a celebration of courage, visibility and progress, but inclusion absolutely cannot be seasonal. It must be demonstrated in every interaction with clients and families, particularly at a time when they are grieving and vulnerable.
The Equality Act 2010 makes clear that funeral firms cannot discriminate against people based on their sexual orientation at any stage of service delivery. In this context direct discrimination is when someone is treated less favourably because of their actual or perceived sexual orientation, or because of their association with someone who is lesbian, gay or bisexual. It might be where a same-sex partner is dismissed, side-lined or ignored when trying to make arrangements, where staff show reluctance to work with a grieving LGBTQ+ family, or where insensitive comments are made about the nature of the relationship.
Even if the intention was not to offend, the law focuses on the outcome, not the motive. If a client would’ve been treated differently had their sexual orientation been different, it’s likely to be unlawful discrimination.
Indirect discrimination happens when a policy or process that appears neutral disadvantages LGBTQ+ clients more than others, and the funeral firm is unable to justify the policy as a proportionate means of achieving a legitimate aim.
In practice, this might be forms that only recognise heterosexual next-of-kin structures, leaving same-sex partners side-lined. It may show up in language that assumes every family fits the same mould, requiring LGBTQ+ clients to correct or explain themselves during an already emotional and vulnerable time. It may be unintentional, but it deepens distress rather than easing it. Under the law, funeral firms must ensure that their systems work for all families, not just the majority.
For LGBTQ+ people, bereavement can be complicated by issues others don’t face. There may be difficult
relationships with biological relatives who seek control over arrangements despite a lack of closeness. Some may have experienced a lifetime of discrimination, making them cautious about disclosing the nature of their relationship. Others may simply fear being judged at a moment when they most need kindness and clarity.
Your role includes creating an environment where everyone feels seen and respected without needing to
defend or justify who they are. A same-sex partner must be recognised as such, and assumptions should never replace sensitive communication. The way staff speak and the questions they ask matters. Using the correct names and pronouns for a deceased person, particularly for trans or nonbinary people, is essential to offering dignified care “How would you like us to refer to your loved one?” allows people to share what matters without feeling interrogated. These small moments of respect profoundly affect how supported a family feels.
Celebrants, ministers or staff must not refuse involvement due to a client’s sexual orientation or gender
identity, and personal beliefs cannot override the firm’s legal duty to treat all clients fairly. Funeral homes are also responsible for ensuring the environment they create is safe and respectful. If discriminatory behaviour arises from visitors or family members, the firm must be prepared to address it appropriately, protecting both staff and other mourners.
While the law sets out minimum legal requirements, many funeral firms choose to go further by building
inclusion into the heart of their practice. Staff training in sensitive communication, active listening and
awareness of LGBTQ+ experiences helps build confidence and consistency across the team. Clear statements of commitment, whether displayed publicly or communicated during arrangements, reassure families they are entering a supportive and compassionate space.
Reputation is everything in the funeral profession. Families remember how they were treated during moments of profound loss, and LGBTQ+ communities, like all communities, share their experiences widely. A single discriminatory incident can cause long-term harm to a firm’s reputation, discouraging people from seeking support in the future. Conversely, when LGBTQ+ families feel truly respected, valued and supported, trust grows and positive experiences are remembered and passed on. These moments of human
compassion strengthen community relationships for years to come. Funeral professionals play a unique role in people’s lives at times of great vulnerability, and the responsibility to protect dignity does not change depending on who is sitting across the table. By understanding the law, embracing inclusive practice and
providing services rooted in respect and humanity, funeral firms honour not only their legal duties but the core values at the heart of their profession