The Employment Equality (Sexual Orientation) Regulations 2003
This legislation outlaws discrimination and harassment in employment and vocational training on the grounds of sexual orientation.
The Regulations outlaw:
- Direct discrimination – treating people less favourably than others on grounds of their sexual orientation.
- Indirect discrimination – applying a provision, criterion or practice which disadvantages people of a particular sexual orientation which is not justified as a proportionate means of achieving a legitimate aim.
- Harassment – unwanted conduct that violates people’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
- Victimisation – treating people less favourably because of something they have done under, or in connection with, the Regulations, e.g. made a formal complaint of discrimination or given evidence in a tribunal case.
- The regulations also recognise that in certain, very specific circumstances to be of a specific sexual orientation will be a genuine occupational requirement. An example might be where the prime purpose of a job is to campaign to promote equal rights for lesbian, gay, bi-sexual or trans-sexual people (LGBT).
The regulations do not require employers to monitor job applicants’ sexual orientation although some employers already do this.
The Civil Partnership Act 2004
The Act gives same sex couples the right to register a civil partnership and have their relationship legally recognised. They will have the same rights as a married couple in areas like tax, social security, inheritance and workplace benefits.
The Equality Act 2006 (Access to goods services and facilities)
This Act prohibits discrimination and victimization because of sexual orientation in relation to employment, education, housing and the provision of goods services and facilities.
It therefore makes it unlawful for a person providing a good, facility or service to discriminate on the grounds of sexual orientation that they would normally provide the public or a section of the public.
Click HERE for the regulations
Civil partnerships
If you are a same-sex couple in a civil partnership you are entitled to the same benefits as a married person (for example, survivors’ benefits under a company pension scheme) if the benefits have been in place since 5 December 2005 (when the Civil Partnership Act came into force).
If your employer gives benefits to opposite sex, unmarried partners of its employees (eg the employees opposite sex partner is able to drive the company car), refusing the same benefits to same-sex partners could be discrimination.
Click Here for the Act
