Sexual orientation 

Current position

In addition to discrimination in employment, it is also unlawful to discriminate on these grounds in the provision of goods, facilities and services, in education and the provision of public services.

Key legislation

• The Employment Equality (Sexual Orientation) Regulations 2003 (SI 2003/1661) - these apply across England, Scotland and Wales.
• The Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (SR 2003/497) - these apply across Northern Ireland.
• The Employment Equality (Sexual Orientation) (Amendment) Regulations 2003 (SI 2003/2827)
• The Equality Act (Sexual Orientation) Regulations 2007 (SI 2007/1263) - covering areas outside pure employment law
• The 2003 Regulations - introduced to implement the sexual orientation aspects of EC General Framework Directive (2000/78) - they make discrimination on the grounds of sexual orientation unlawful.
• Civil Partnerships Act 2004 (see below for more details)

What employers must do

• Introduce inclusive language on recruitment forms and materials and encourage advertising of vacancies in lesbian, gay and other non-mainstream press.
• Review policies on equal opportunities, recruitment and selection, and training and development, to ensure they explicitly refer to this aspect of equality (e.g by using the term partner rather than spouse).
• Impact assess and review policies to ensure compliance – particularly carers leave, annual leave policies and special leave and bereavement policies.
• Introducing monitoring of sexual orientation in all policies where there might be a possibility of legal challenge.
• Ensure that outcomes of harassment and bullying disciplinary and employment tribunals are monitored by sexual orientation.
• Monitor sexual orientation in exit interviews and use them to identify common themes or ‘hot spots’ of discrimination.
• Ensure that information on sexual orientation is included in staff attitude surveys.

Implications

The NHS employs around 1.3 million people.  It is estimated that six per cent of the UK population is LGB, it is therefore likely that 156,000 employees working for the NHS are lesbian, gay or bisexual.

Issues

The Department of Health commissioned Stonewall to undertake a project to identify the key barriers to reporting of homophobia against health and social care employees. Stonewall's report, 'Being the gay one: Experiences of lesbian, gay and bisexual people working in the health and social care sector', was published in June 2007 and includes a series of recommendations to the Department for overcoming these barriers.

Shared learning

Some examples of good practice on sexual orientation equality can be found in our shared learning web pages including:

• A ten point action plan - developed jointly with Stonewall to support trusts meeting their legal duties in a work environment which is free from discrimination and harassment.
• Lancashire Care NHS Foundation Trust - addressing sexual orientation through accreditation, partnership working and training.
• Royal Liverpool and Broadgreen University Hospitals NHS Trust - developing a business case for a lesbian, gay, bi-sexual and transgender (LGBT) staff network.

More information

• Office of Public Sector Information - more details on the Employment Equality (Sexual Orientation) Regulations 2000
• Bisexual People in the Workplace - a Stonewall guide that has practical advice for employers