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Sexual Orientation Employer Handbook
Sexual Orientation Employer Handbook
EMPLOYER HANDBOOK
THIRD EDITION
SEXUAL ORIENTATION
EMPLOYER HANDBOOK
THIRD EDITION
Supported by
3
From compliance to
common sense
In recent years there have been long overdue legislative moves to afford lesbian and gay staff equal treatment with
their straight colleagues at work. Stonewall led the campaign for this legislation and welcomed its introduction.
The Employment Equality (Sexual Orientation) Regulations became law on 1 December 2003 and made it unlawful
to discriminate in employment or training on grounds of sexual orientation. This was a huge and welcome advance in
fair treatment for the 1.7 million lesbian, gay and bisexual people in the UK workplace. It entitled them to protections
similar to those already provided for women, disabled and black and ethnic minority staff.
The legislation means employers now risk legal claims from staff who:
• have been treated less favourably — in, for example, recruitment, promotion, training, or dismissal —
than others because they are gay or someone has assumed they are gay, or because they associate with gay people;
• are disadvantaged as a group by workplace practice and policy because of their sexual orientation —
for instance, they fail to qualify for certain benefits;
• have been offended — either intentionally or unwittingly — by homophobic actions or comments.
The Civil Partnership Act, which took effect in December 2005, affords lesbian and gay people exactly the same
package of rights and responsibilities that heterosexual people can derive from marriage. Employers are now required
to treat staff who are married or in civil partnerships in exactly the same way.
The Sexual Orientation Regulations introduced as a consequence of the Equality Act 2006 provide robust
protections to gay people against discrimination in the provision of ‘goods, facilities and services’, essentially almost
any activity in which either business or public providers are engaged.
However, Stonewall views new legislation as the beginning of necessary cultural change, rather than an end in
itself. We’ve produced this Employer Handbook because we believe in working with employers to move beyond mere
legislative compliance in order to derive real organisational benefit from diversity.
New laws hold nothing to fear. They provide a challenge but they also afford substantial new opportunities.
This guide offers practical help and advice to employers on how to both comply with and get the best from the new
laws. It provides a detailed outline of current legislation and what it means in practice. Using this handbook will help
you build reputation, improve recruitment and boost productivity amongst your lesbian and gay staff as well as help
you mitigate risk going forwards as you attract more motivated employees and more loyal customers.
The guide also includes practical advice on overcoming the barriers to establishing a truly inclusive workplace.
We offer ten key steps to making sexual orientation an everyday diversity issue alongside gender, race and disability.
All the advice is based on methods already used by members of Stonewall’s Diversity Champions programme to
promote fair treatment in the workplace. These Diversity Champions range from IBM, Barclays and Ford in the private
sector to the Cabinet Office, Manchester City Council and the Royal Navy in the public. They are major British
employers that have one thing in common — they all want to ensure that they stay in the premier league by
attracting and retaining the very best human capital.
To them equal treatment for lesbian, gay and bisexual people isn’t just a question of fairness; it’s a question of
common sense.
Ben Summerskill
Chief Executive, Stonewall
www.stonewall.org.uk
The Employment Equality (Sexual Orientation)
Regulations 2003 make it unlawful to discriminate
in employment or training on grounds of sexual
orientation
Contents
Winning the argument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Building the business case for diversity
Making it happen — a toolkit for success . . . . . . . . . . . . . . . . . . . .13
Ten steps to creating an inclusive workplace
The new laws in detail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33
Your legal questions answered
Resources
Sample diversity policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40
Stonewall Workplace programmes . . . . . . . . . . . . . . . . . . . . . . . . .41
Contacts — where to go for more information . . . . . . . . . . . . . . . .43
Diversity Checklist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44
Ten key steps to making the law work for your organisation
Throughout this guide, we use the abbreviations LGB to indicate lesbian, gay and bisexual,
and LGBT to indicate lesbian, gay, bisexual and transgender. Although the new laws do not
relate to transgender people, employers who demonstrate good practice in this area are
often at the forefront of good practice generally.
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Business Benefits
www.stonewall.org.uk
8
Business Benefits
‘Equality for lesbian and gay people is integral to our corporate equality
policies. We want to be a safe place for lesbian and gay people to work. As the largest
employer in the county we also see our role as setting an example to other employers
in the area.’ Sylvia Jones, Senior Education Officer, DENBIGHSHIRE COUNTY COUNCIL
Business Benefits
The UK is currently estimated to staff. The values an organisation earn 50 per cent more than their
be 20 per cent less productive claims to espouse and its ‘closeted peers’. Conversely, more
than major competitors such as reputation play an increasingly than half of gay employees facing
France and Germany. It is hardly important part in its ability to discrimination report direct
surprising, therefore, that boosting attract and retain talent. negative work impact.
productivity is now a key issue for One of those core values can The answer is to demonstrate
employers — large and small. be fair treatment of all staff. visibly to your staff — gay and
Until comparatively recently, Research shows that more than straight — that they are valued.
many believed this simply meant one third of lesbian and gay staff Gay staff who feel supported by
sweating assets — getting more conceal their sexual orientation their employer and work in an
from less. But increasingly the from their employers and co- accepting environment will show
government and economic experts workers. This creates stress and increased commitment.
are stressing the importance of tension for many staff themselves. In 2005 St Mungo’s, the
factors such as the skills base and But it also has consequences for homelessness charity, found that a
declining levels of innovation. employers too. All people perform three per cent rise in staff
Organisations are realising they better when they can be satisfaction translated to a one per
need to add value through themselves. This obvious truth cent increase in client satisfaction,
recruiting, training, developing applies in particular to lesbian and evidencing a direct correlation
and retaining the best people. gay staff. between employee satisfaction
A new generation, with There is now evidence to and customer satisfaction.
different expectations from its support this assumption. Research In one recent opinion poll, one
predecessors, is forcing employers in America has found that in five undergraduates said they
to review how they recruit, employees who felt able to be would not work for an ‘unethical’
manage and remunerate their ‘out’ as gay in safe environments employer.
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Business Benefits
‘It isn’t only that we want to recruit the very best LGB employees in order to
retain our position as a market leader. We know we won’t recruit the best young
heterosexual staff either if their workplace doesn’t look like the wider world they now
choose to inhabit.’ Frank Howells, Diversity Manager, JPMORGAN
Business Benefits
A lesbian working in a
Several of the major City of London banks — including
large administrative
Citigroup, JPMorgan, Credit Suisse, HSBC, Royal Bank of
centre in Glasgow,
Scotland, Goldman Sachs and Lehman Brothers — hold
but not ‘out’ at work, was
regular joint meetings of their LGBT staff. The meetings
asked to sign a petition
address how the banks can work together to improve the
opposing government
employment climate for gay people working in the City.
proposals for civil partner-
ships for gay people. She
declined. Being the first
person not to sign it, office the LGBT communities.
debate hotted up on the The profitability and reputation
issue making the woman of organisations increasingly
feel very uncomfortable at requires them to demonstrate
work. She eventually took corporate social responsibility.
three days off sick until the A commitment to social
topic had passed over but responsibility can also draw in new
felt unable to challenge her sources of talent from beyond an
colleagues or to raise her organisation’s traditional recruiting
concerns with her manager pools, and these will often include
for fear of being ‘outed’. LGB people. The increased diversity
that results brings innovation, and
puts a business in closer touch
BT encourages members of with its wider marketplace.
Kaleidoscope, its LGBT network, to So in a spectrum of ways,
participate in market research for positioning your organisation as
BT’s marketing strategy and one that welcomes LGB customers
products. This feeds into the or service users and employees,
company policy to raise the profile and endeavours to meet their
of BT as an employer and particular needs, clearly makes
preferred supplier in the eyes of good sense.
www.stonewall.org.uk
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Diversity Toolkit
Making it happen
a toolkit for success
Almost every aspect of employ- law has changed and it is
ment policy and practice throws unacceptable for them to
up specific challenges in relation discriminate either directly or
to LGB people. While experience indirectly against any colleagues,
of other diversity issues, such as customers or service users on
ethnicity, gender and disability, account of their sexuality.
may be useful as a starting point The toolkit should not only
for introducing LGB policies, there help you avoid litigation but also
will be many new barriers to develop best practice people
overcome in creating a truly policies so that you can reap the
inclusive workplace. benefits of the legislation. Some of
This chapter introduces eight these steps outlined are essential
key steps to making sexual to complying with the law and
orientation an everyday diversity therefore urgent. For example, if
issue, alongside others such as your selection processes are not
gender, race, disability and age. up to scratch and you are
They cover issues such as perceived to be overlooking LGB
organisational culture, recruitment, candidates in favour of less well
terms and conditions, performance qualified heterosexual applicants,
management and monitoring LGB candidates can now take their
and evaluation. grievance to an employment
At first sight, it might seem tribunal.
daunting, but this toolkit has been Other steps are less urgent and
designed to enable employers to will evolve over time as you build a
change attitudes and behaviour culture of respect for all employees
within their organisations. All your and service users, regardless of
staff need to understand that the their sexual orientation.
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Diversity Toolkit
‘I work with the under-fives. Nobody at work knows I’m a lesbian. When my
long-term relationship ended, I was devastated but I couldn’t talk to my colleagues
about it — none of them knew I had a partner in the first place. I know they would have
supported me if it had been a marriage that ended, and it would have really helped. I
felt so alone.’ Nursery nurse, Wiltshire
Diversity Toolkit
www.stonewall.org.uk
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Diversity Toolkit
‘Over the years, I’ve done a lot of voluntary work for a lesbian organisation.
But I only put it in a job application if an employer mentions gay people in their equal
opportunities policy, because otherwise you just don’t know what the reaction will be
at the other end. Of course, that means that some employers never get to see the full
range of my experience.’ Naomi, 53
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Diversity Toolkit
Diversity Toolkit
Tackle workplace
bullying and harassment
Anti-gay harassment is In a survey of university Action list
demotivating and unlawful. It teachers, 41 per cent of lesbians Explain to staff why harassing
can take the form of being reported harassment, compared people because of their sexuality
ignored or excluded; physically with 30 per cent of heterosexual is unacceptable
or verbally abused; outed as women, 27 per cent of gay men, • Adapt your existing harassment
gay; or made the subject of and 19 per cent of heterosexual policy to make it LGB inclusive.
jokes and offensive remarks. men. No lesbian reported that • Make specific references to
Extreme cases involve violence, action was taken in consequence. harassment in your induction
forced resignation or unfair In contrast, 57 per cent of programme.
dismissal. heterosexual women suffering • Provide clear definitions of
harassment reported this to the harassment and examples of
A generally hostile environment authorities, and 49 per cent of unacceptable behaviour,
can be a form of harassment, even these reports led to action. including anti-gay bullying and
where actions and comments are harassment.
not apparently aimed at individuals. Key issues • Ensure that managers
As harassment is under- Many people are frightened to understand their duties in
reported, the true scale of the complain because they believe preventing and tackling bullying
problem is unknown. As more and their complaints will not be taken and harassment, including
more employers tackle the issue, seriously or they will end up taking respecting confidentiality. Those
however, evidence is emerging the blame. An added complication in positions of responsibility
that anti-gay harassment is all too for many LGB staff is that making should be equipped to protect
common. a complaint would force them to their LGB staff, and should not
LGB people who are black or come out as gay, possibly leading be allowed to ignore or
disabled may have experience of to further harassment. condone discrimination.
different kinds of harassment, and Because most LGB employees • To be credible, any initiative
there is some evidence that lesbians are not completely out about their designed to prevent anti-gay
face a disproportionate amount of sexual orientation at work, they bullying and harassment needs
sexual harassment at work. are particularly vulnerable to to be endorsed and validated
‘canteen culture’ harassment — by senior staff.
homophobic comments made in
the course of conversation but
without the intention of causing
offence. Such comments are often
made in the belief that everyone in
the immediate audience will be
sympathetic to them.
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Diversity Toolkit
Diversity Toolkit
Diversity Toolkit
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Diversity Toolkit
Key issues
Organisations have many different Both lesbians and gay men They may not notice that they are
ways of managing performance, (but especially gay men) are disregarded by colleagues or badly
from informal chats to elaborate wrongly considered by some to be treated by customers, let alone
systems of appraisal by unsuitable to work with children. harassed by neighbours or
stakeholders, customers and peers In addition, LGB people can be excluded by their families in ways
as well as managers. subject to unspoken assumptions that affect their work.
However, people often have that they cannot be trusted to
stereotyped notions of what LGB represent the organisation to the Action points
people are good or not so good public or to high-profile customers. Create the right climate
at, and therefore which jobs or LGB people often find they are • All the information you give to
assignments are suitable for them. described as not being team employees should reinforce the
For example, gay men are often players. This can arise because message that decisions about
clustered in caring or artistic roles they are unable to be entirely recruitment, promotion, rewards
while ‘out’ lesbians may be open about their personal or social and redundancy are based on
considered aggressive and lives at work. merit and competence.
therefore unsuitable for jobs In addition, managers can fail
requiring tact. to spot homophobia and its effects
on LGB people’s performance.
‘I have been regarded as ‘unsafe’ and cannot get work as a midwife in South
Wales because all the heads of midwifery know I am gay’ Respondent to Stonewall Cymru survey 2003
Diversity Toolkit
www.stonewall.org.uk
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Diversity Toolkit
Diversity Toolkit
improving the work environ- Ensure leaders of the organisation Monitor and review the network
ment for LGB employees promote the network • Having established some
• When and where will • Ask high-profile, senior objectives for the network,
meetings take place? Should managers to champion the work out how you are going to
they be regional or national, network. They don’t have to be measure its performance.
during work or leisure time? lesbian, gay or bisexual, but they • Don’t ignore the rest of the
• Deciding on whether the will need to buy into the idea of workforce — monitor their
membership should be a LGB network. By talking perceptions of the network and
exclusive to LGB staff, or confidently and comfortably its value to the organisation.
open to all staff with an about LGB issues, they can make
interest in LGB issues. clear this is a business matter, Benefits
• If you are a unionised not a taboo or private issue. An LGB employee network can:
organisation, should you • Be prepared for negative • challenge the invisibility of LGB
involve the trade union? reactions from other staff who staff and issues
• Find ways to encourage a may feel left out. You must be • give LGB staff a forum for
wide range of participants. able to explain how the network sharing experiences
benefits the whole organisation. • allow organisations to tap into
Connect the network to the • Provide a range of ways for the specific experience and
rest of the organisation and staff to communicate with the knowledge of LGB staff
other networks network, guaranteeing • help LGB staff to come out and
• Consider the network’s purpose confidentiality or anonymity other employees to appreciate
and responsibilities. if required. the diversity of the organisation.
• Make sure the network is
adequately resourced. It needs Publicise the network both
sufficient time and money to internally and externally
fulfil its aims and objectives. • Make sure all staff know about
• Think about how you can link the network, why it exists, who
your LGB network with other can join and how. If you have
employee groups. Together they your senior team behind the
can deal with common issues idea, then make sure staff
and challenges that emerge. know that too.
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Diversity Toolkit
‘Age Concern is committed to helping all older people lead a more fulfilling later
life. Older people are a diverse group and lesbians and gay men are part of that diversity.’
Gordon Lishman, Director General, AGE CONCERN ENGLAND
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Diversity Toolkit
‘In many organisations, what does not get monitored does not matter.’
Equal Opportunities Review, 1999
Diversity Toolkit
Forms should avoid the use the word ‘gender’ rather than
suggestion that heterosexuality is ‘sex’ on forms.
JPMorgan experienced
the expected norm and that being
some objections from a
lesbian, gay or bisexual is unusual Action points
minority of staff when
sexual orientation was
and they should use commonly • Build senior support for the
understood language. Stonewall rationale behind sexual
introduced into the firm’s
research suggests that the orientation monitoring
equalities monitoring and
diversity agenda.
question is best phrased in the • Consult with LGB staff and
following way: ensure they have confidence in
In response, the CEO
the process
publicly championed
diversity and inclusion,
What is your sexual orientation? • Ensure that communication to
including LGB colleagues. • Bisexual staff on LGB workplace equality
He made it clear that while • Gay man is consistent and authoritative,
people have a right to • Gay woman/lesbian and that monitoring is seen as
their beliefs, hostility • Heterosexual/straight a logical part of the
towards others on the • Other organisation’s diversity strategy
basis of those beliefs will • Prefer not to say • Introduce monitoring in stages
if appropriate, and have realistic
not be tolerated.
Being transgender is not an expectations in the early years
issue of sexuality but one of gender. • Communicate the results of
Guidance on the 2001 National surveys and actions you will
introduced sexual orientation Census stated that transgender take as a result, to maintain
monitoring for all staff in 2001: people could tick the gender they engagement of employees
initially 3% of staff self-reported as felt described them, irrespective of
LGB, which increased to 6% in the sex on their birth certificate. It Benefits
2005 and 8% by 2007. may therefore be more inclusive to Organisations that monitor
effectively:
• can measure the success of
specific initiatives
Nottinghamshire County Council asks staff, through an
anonymous equality and diversity survey, if they are out at • send a message that their LGB
employees are valued
work. In the survey’s first year, 30 per cent of LGB staff were
not out at all in the workplace, 38 per cent were out selectively • can identify and communicate
improvements in the position
and 33 per cent were out completely. The next year, the
of LGB employees.
number of staff who were out at work increased: 26 per cent
were not out at all, 38 per cent were out selectively and 37 per
cent were out completely. This demonstrates that the council’s
changes to policies and procedures are having a positive
impact on LGB employees.
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Law in Action
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34
Law in Action
disadvantages people of a particular However, the Regulations make employment tribunal that an
sexual orientation unless it can be it unlawful for an employer to opposite sex couple would have
objectively justified. It is defined provide employment-related been treated differently (or was
more broadly in these regulations benefits to unmarried opposite-sex treated differently), the tribunal
than in current race discrimination partners but deny them to same-sex would be bound to conclude that
law and there is no requirement to partners not in a civil partnership. this was sexual orientation
demonstrate the disadvantages discrimination.
through statistics. What does sexual
Harassment is defined as orientation mean? What is direct discrimination?
unwanted conduct which takes Regulation 2(1) defines sexual Regulation 3(1)(a) defines direct
place with the purpose or effect of orientation as meaning a sexual discrimination as occurring where
violating the dignity of a person orientation towards ‘persons of a person is treated less favourably
and of creating an intimidating, the same sex, persons of the on grounds of sexual orientation.
hostile, degrading, humiliating or opposite sex, or persons of the For example it is unlawful to
offensive environment. same sex and of the opposite sex’. decide not to employ someone, to
The Regulations have been This means that it is unlawful to dismiss them, refuse to promote
amended so that employers are discriminate at work against them, deny them training, give
now legally obliged to treat staff people who are lesbian or gay, them adverse terms and
who are in a civil partnership heterosexual, or bisexual. conditions or deny them benefits
equally to those who are married, The regulations cover not only available to others of a different
in a wide range of areas. So for how people ‘are’, but the conduct sexual orientation because they are
example, if an employer allows they display. It will be up to or thought to be lesbian, bisexual
staff who are about to be married employers to regulate the conduct or gay.
time off for their wedding, it must of their employees while on duty, Direct discrimination also covers
provide the same benefit to a provided that any such regulation discrimination on the grounds of
member of staff about to form a is reasonable and even-handed. perceived sexual orientation, whether
civil partnership. Employers should For example, take a case where the perception is correct or not.
ensure that any benefits provided two shop workers of the same sex In this case, applicants will not
to married people extend to those are disciplined for holding hands need to establish that they are gay
in a civil partnership. in view of the customers. to bring a complaint. If someone
The regulations allow for certain An employer can no longer argue has assumed them to be gay and
benefits, such as survivor benefits, that it is worried what the discriminated against them as a
to be conferred on civil partners and customers will think if workers are consequence, that will suffice.
spouses to the exclusion of others seen to be gay. That would The wording also covers
without such a status. The effect is obviously be discrimination. discrimination by association.
that an individual who is neither in The defence would have to be So words such as ‘Why are you so
a civil partnership nor a marriage, that any two workers holding friendly with that poof?’ could
whether gay or heterosexual, hands in these circumstances constitute harassment on grounds
cannot claim that such a practice would have been treated in the of sexual orientation, even if the
amounts to unlawful discrimination same way. If, however, the person they are speaking to is
under the Regulations. workers can persuade an heterosexual.
Law in Action
What is indirect discrimination? brought under the new legislation Are there any circumstances
Regulation 3(1)(b) prohibits indirect and is prohibited by Regulation 5. where employers can
discrimination. This is where an Harassment is defined as discriminate?
organisation has employment rules, conduct that has the purpose or There are two main exceptions
selection criteria, policies and other effect of violating a person’s where discrimination on grounds
practices in place which put people dignity or creating an intimidating, of sexual orientation may be
of a particular sexual orientation, hostile, degrading, humiliating or permitted, both involving
including the person who complains, offensive environment for them. occupational requirements.
at a particular disadvantage when Regulation 5(2) provides that a
compared with others. person’s conduct will be seen to Particular occupational
Indirect discrimination is have these effects if ‘having regard requirements
unlawful whether it is intentional to all the circumstances, including Regulation 7 provides two kinds of
or not. However, in contrast to in particular the perception of [the exception, where sexual orientation
direct discrimination, indirect complainant], it should reasonably is ‘a genuine and determining
discrimination is not unlawful if it be considered as having that effect.’ occupational requirement’ and in
can be shown to be justified as a the case of ‘employment for
proportionate means of achieving Is unintentional purposes of an organised religion’.
a real business need. harassment outlawed? Regulation 7(1) sets out the
Indirect discrimination claims The fact that many lesbians and scope of these exceptions. In
could arise from benefits relating gay men conceal their sexual general, where either exception
to children. Lesbians and gay men orientation, often for fear of applies, it permits discrimination in
can and do have children (by prejudice, renders them refusing to appoint, promote or
choice, from previous heterosexual particularly vulnerable to unwitting transfer people of a particular
relationships, by co-parenting or harassment. People can often sexual orientation to a particular
step-parenting, or by fostering, make anti-gay remarks on the position, or in dismissing them
adoption or guardianship). mistaken assumption that from that position because of their
However statistically they are everyone present is heterosexual. sexual orientation.
much less likely to have children than The wording of Regulation 5 But if such people are already
heterosexuals. Any benefits applying makes it clear that lack of employed (whether the employer
only to employees with children, for intention to offend is no defence. realises it or not) then unless and
example free workplace crèches, or If the conduct has the purpose or until they are dismissed, the
nursery vouchers, could be challenged effect of violating a person’s exceptions do not allow them to
as indirect sexual orientation dignity, or creating an intimidating be employed on less favourable
discrimination. This would be subject or offensive environment, and it is terms than others for example,
to the defence of justification. reasonable for the complainant to paid less, harassed, or victimised.
take offence, then it is harassment. Regulation 7(2) applies where
How will the regulations affect Ignorance is no excuse. ‘having regard to the nature of
harassment claims? Organisations may be held the employment or the context in
Harassment on grounds of sexual responsible for the actions of their which it is carried out... being of a
orientation is likely to be by far the staff as well as their staff being particular sexual orientation is a
most common type of claim individually responsible. genuine and determining
www.stonewall.org.uk
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Law in Action
occupational requirement’. It must The Civil Partnership a civil partner who is treated less
also be ‘proportionate’ to apply Act 2004 favourably than a married person in
that requirement. Same-sex couples can now enter similar circumstances can bring a
It remains to be seen in what into civil partnerships to gain legal claim of discrimination.
circumstances an employer may recognition of their relationship, The amended provisions have been
succeed in relying on the regulation entitling them to similar rights and effective since 5 December 2005,
7(2) exception. For example, the responsibilities as those of the date the Civil Partnership Act
proposition that heterosexuality married couples. came into force.
was a genuine occupational In practice this means that if an
requirement for serving in the What does the employer offers a benefits package
armed forces was robustly rejected legislation cover? — such as private health care or
by the European Court of Human The Civil Partnership Act came into gym membership — which is
Rights and the ban on lesbian and force in December 2005, creating available to the spouse of an
gay people was overturned, after a a new legal relationship of civil employee, it should also be available
case taken by Stonewall. partnership for couples who to an employee’s civil partner.
Regulation 7(3) permits choose to register. As well as The regulations have also been
‘organised religion’ employers to providing important rights, civil amended to make clear that more
apply a requirement relating to partnership also allows them to favourable benefits, such as pension
sexual orientation ‘so as to comply demonstrate their commitment to survivor benefits, can legally be
with the doctrines of the religion’, each other. Civil partners are conferred on civil partners and
or ‘to avoid conflicting with the treated equally to married couples married people to the exclusion of
strongly held religious convictions across a wide range of areas. others who do not have such a
of a significant number of the These include status. The Civil Partnership Act
religion’s followers’. allows for one partner to leave a
The High Court has agreed • Tax, including inheritance tax pension to their surviving civil
with the government and ruled • State and occupational benefits partner in the event of their death.
that the exception in regulation • Income related benefits, tax Some employers already have
7(3) requires a very high standard credits and child support benefits packages which are
to apply and is very narrow in its • Employment benefits available to unmarried opposite-
scope. It would not cover, for sex partners and same-sex partners
example, teachers in a faith school What do employers need of employees, but if there are
as their sexual orientation would to know? additional benefits available to
be of no relevance to their job. The essential point for employers is married employees, such as time
The exact limits of the exception straightforward: treat staff who off before or after a wedding,
will no doubt have to be tested in are civil partners in exactly the similar benefits should be provided
more detail by employment same manner as you treat staff for civil partners.
tribunals or the courts. who are married.
Employers are legally required to
do this. The Employment Equality
(Sexual Orientation) Regulations
2003 have been amended so that
Law in Action
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Law in Action
of the opposite sex (heterosexual) At that point the rights of lesbian, insurers should not ask about
or people of both sexes (bisexual). gay and bisexual people to have sexual orientation or any HIV
This has the effect that the equal access to those services negative tests, but instead base
protection against discrimination comes to the fore. their assessment of risk on answers
applies to everyone, whether they provided about actual behaviour,
are lesbians, gay men, Adoption agencies regardless of sexual orientation.
heterosexuals or bisexuals. Religious adoption agencies have
The laws apply if discrimination been given until the end of 2008 Separate services
occurs on grounds of the sexual to adapt their practices in order to The regulations include an
orientation of the person being comply with the new legislation. exemption to allow services to be
less favourably treated or on the During this transitional period, provided separately for different
grounds of the sexual orientation religious adoption agencies who groups on the basis of their sexual
of any other person. So for wish to restrict the provision of orientation, where this is the best
example, if a business refuses to their services or facilities to a way to meet a specific need facing
serve a man who is heterosexual person on the grounds of sexual people of a particular sexual
because he is accompanied by a orientation have a duty to refer orientation (which may result from
gay man, this would be them to another adoption agency discrimination or disadvantage).
discrimination. who would provide such services For example, to address the low
to persons of that sexual orientation. take-up of mainstream sexual
health services among gay men.
Are there any exemptions? Insurance
The regulations include an Charities
Religious organisations exemption that will have the same The regulations include an exemption
The Regulations provide an effect in relation to insurance as for charities whose charitable
exemption for religion or belief provisions in the Sex Discrimination instrument explicitly specifies a
organisations, where this is Act and regulations made under beneficiary group on the basis of
necessary to avoid conflicting the Disability Discrimination Act. sexual orientation. For example,
either with the doctrine of the The Government has stated its the charity Broken Rainbow
organisation, or the strongly held intention that this particular provides support for lesbian, gay,
beliefs of a significant number of a exemption will not apply beyond bisexual and transsexual victims of
religion’s followers. This will protect the end of 2008. domestic violence.
practices that arise from basic Leaving aside this limited
doctrines of faith — for example exemption, insurance companies Private Member Clubs
religious blessings for newly-weds. will have to comply with the Private members clubs will be
However, it will not be possible Regulations, so prejudice against required to comply with the
for a religious organisation to gay people will not be a reason for regulations, except in cases where
qualify for the exemption where charging someone an extortionate sexual orientation is specifically
they are operating on a commercial premium for their mortgage linked to the club’s purpose.
basis or providing services to the insurance. The latest industry For example, to provide social
community on behalf of and under guidance by the Association of activities for gay men in a
contract with a public authority. British Insurers makes clear that supportive environment.
Resources
Resources
www.stonewall.org.uk
42
Resources
Resources
Contacts
Women & Equality Unit, Scotland
Department for Communities and
Local Government Advisory, Conciliation and Arbitration
Phone: 020 7944 4400 Service (ACAS)
www.communities.gov.uk Phone: 0141 248 1400
Helpline 08457 47 47 47
Advisory, Conciliation and www.acas.org.uk
Arbitration Service (ACAS)
London Office Stonewall Scotland
Phone: 020 7396 0022 Phone: 0131 557 3679
Helpline: 08457 47 47 47 Email: info@stonewallscotland.org.uk
Minicom: 08456 06 16 00 www.stonewallscotland.org.uk
www.acas.org.uk
Scottish Employment
Stonewall Rights Network
Phone: 020 7593 1850 0131 556 3006
Minicom: 020 7633 0759
E-mail: workplace@stonewall.org.uk
www.stonewall.org.uk Wales
www.stonewall.org.uk
44
Resources
Diversity checklist
It is now illegal to discriminate 2. Act now 6. Recruit fairly
on the grounds of sexual Make sure your policies and practices Recruiters often have stereotyped
orientation. Here are ten key comply with the regulations. Employers notions of what LGB people are good
now risk legal claims from staff who at or not so good at, and these affect
action points to help make the
have been treated less favourably in, for their decisions. They may believe LGB
regulations work in practice. example, recruitment, promotion, people will not fit in. Ensure that
training, or dismissal; are disadvantaged recruiters understand fair selection
1. Understand the law as a group by workplace practice and criteria and apply them consistently.
The Employment Equality (Sexual policy because of their sexual
Orientation) Regulations, became law orientation; or have been offended — 7. Tackle harassment and bullying
on 1 December 2003, and make it either intentionally or unwittingly — Often LGB people who have been
unlawful to discriminate in employment by homophobic actions or comments. harassed will not want to complain
or training on grounds of sexual Organisations which provide goods, because it would force them to come
orientation. Lesbians, gay men and facilities or services to customers or out as gay. Make LGB staff feel
bisexuals, are now entitled to service users risk legal claims if they confident about using your procedures
protections similar to those already discriminate against lesbians and gay even if it would mean having to reveal
provided for women, disabled and people in the provision of these. their sexual orientation.
black and ethnic minority staff.
The Civil Partnership Act, which took 3. Communicate the changes 8. Review terms and conditions
effect in December 2005, affords lesbian Explaining the new laws to staff and Same-sex partners registered in civil
and gay people exactly the same line managers is critical. Make sure partnerships must, by law, be treated as
package of rights and responsibilities everyone understands that LGB staff equivalent to married partners for all
that heterosexual people can derive from and customers are protected by workplace benefits. The best employers
marriage. Employers are now required to discrimination legislation and knows also offer equivalent benefits to non-
treat staff who are married or in civil what they must do to comply with the registered same-sex partners as to non-
partnerships in exactly the same way. regulations. married mixed-sex partners.
The Sexual Orientation Regulations
introduced as a consequence of the 4. Make the business case for diversity 9. Manage performance fairly
Equality Act 2006 provide robust Robust diversity policies contribute Ensure that everyone in your organisation
protections to gay people against substantially to long-term competitive- makes decisions based only on merit and
discrimination in the provision of ‘goods, ness, attract higher skills, motivated competence. LGB people are sometimes
facilities and services’, essentially almost employees and loyal customers. More passed over for promotion, disciplined
any activity in which either business or organisations are also making the link unfairly or even dismissed for no good
public providers are engaged. between how they treat existing and reason. They often find they are
potential employees and how they are described as not being team players,
perceived by customers. Persuade simply because they are unable to be
colleagues to see diversity issues as an entirely open about their personal or
opportunity not a threat. social lives.
The new law in detail could not have been written without Anya Palmer of Old Square
Chambers and Garreth Wong of Matrix Chambers
We're also grateful to the following for their significant contributions to producing this
guide: B&Q, Barclays, Barnardos (North West), Cabinet Office, Credit Suisse,
Department of Health, Esporta, Hackney Community College, HMRC, IBM, JPMorgan,
Levenes Solicitors, London Borough of Enfield, London Fire Service, Manchester City
Council, Nationwide, Novas Ouvertures Group, NUT
Ros Brett, Jan Bridget, Olivette Cole-Wilson, Katherine Cowan, Jonathan Finney,
Stephen Frost, Chris Gildersleeve, Ali Harris, Katie Hathaway, Kirsten Hearn, Linda Kelly,
Linda Jenkins, Juris Lavrikovs, Paul Martin, Helen Marsh, Will Martin, Emily Myers,
Femi Otitoju, Sue Sanders, Maria Scordialos, Marianna Shapland, Clive Taylor,
Stephen Whittle, Elaine Willis