NHS Flexible Resourcing

Sexual orientation legislation 

20/10/2009 
This page has details on the Civil Partnerships Act 2004, Employment Equality (Sexual Orientation) Regulation 2003 and the Equality Act 2006.

Civil Partnership Act 2004

Summary

This Act created a new legal relationship of civil partnership which two people of the same sex can form by signing a registration document. The partnership option is available to gay men and lesbians. The Act provides equal treatment in a wide range of legal matters between same sex and opposite sex couples, including inheritance laws. The law also recognises the right of the same sex partner to be automatically considered as next of kin.

Implications

  • ensure inclusive language on recruitment forms
  • ensure advertising of vacancies in lesbian, gay and other diverse press
  • monitor harassment & bullying tribunal outcomes to identify themes or hotspots of discrimination.
  • provide and monitor exit interviews
  • ensure inclusion of sexual orientation information in staff attitude survey.

The regulations also set out a framework for eliminating employment or occupational inequalities based on sexual orientation i.e. to ensure there will be no discrimination against employees, either directly or indirectly on the grounds of sexual orientation in access to employment, training, promotion or dismissal, in the provision of work-place benefits, or the provision of references.

Many of these implications apply to the existing sexual orientation legislation

Although not a requirement of the Regulations in England and Wales, some organisations have adopted the following to monitor progress on sexual orientation.

  • job application and selection success rates
  • the take up and outcomes of grievance and harassment procedures
  • the content of equality training
  • a question in anonymous staff attitude surveys
  • information from exit interview
  • equal access to family/partner benefits
  • language and images used in internal and external communication.

Employment Equality (Sexual Orientation) Regulations 2003

These Regulations made it unlawful to discriminate on the grounds of sexuality, directly or indirectly; or to harass or victimise somebody because they have made a complaint or intend to or if they give or intend to give evidence to a complaint of discrimination. This applies to all aspects of employment (recruitment, terms and conditions, promotions, transfers, terminations and training) and vocational training.

Equality Act 2006

This Act introduced protection against discrimination on the grounds of religion or belief in terms of access to good facilities and services.

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Contacts

Carol Baxter
Carol.Baxter@nhsemployers.org

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