Sexual Orientation

THE EMPLOYMENT EQUALITY (SEXUAL ORIENTATION) REGULATIONS 2003

These Regulations make it unlawful for an employer to discriminate against workers and job applicants on the grounds of sexual orientation. The Regulations prohibit direct discrimination, indirect discrimination, victimisation and harassment and all workers are protected against all forms of discriminatory treatment on the grounds of sexual orientation. Discrimination is also unlawful if it is on the grounds of someone's perceived sexual orientation.

SEXUAL ORIENTATION HARASSMENT

Gay and lesbian people are more likely than most to experience harassment in the workplace and it is important that employers take steps to prevent any conduct that could result in harassment.

Examples of sexual orientation harassment may include:

• Homophobic jokes
• Bullying on the grounds of sexual orientation
• Behaviour that has no malicious intent but is upsetting to someone on the grounds of their own or another person’s sexual orientation
• Taunting a person or name calling linked to sexual orientation

VICTIMISATION

Victimisation occurs when an individual is treated detrimentally because they have made a complaint or intend to do so in relation to a claim against the organisation of discriminatory treatment, taken or proposing to take claim of discrimination to an Employment Tribunal, or assisted another employee in either of these courses of action.  

CIVIL PARTNERSHIP ACT 2004

As from December 2005, gay and lesbian people have been able to make a legal commitment to each other by forming a civil partnership. Those who have done so have the right to be granted the same legal rights and benefits as married people in all respects. This means that employers must afford the same employment benefits to employees with civil partners as to employees who are married. Examples include such things as pension rights, life insurance and any perks afforded to employees married partners (such as discounts on goods, travel concessions, etc.).