Employment Rights Reminder as Same-Sex Couples say I Do

New laws next week giving same-sex couples the right to enter into an equivalent of marriage are a reminder to employers to promote diversity in the workplace, advises UK employment law expert, Croner.



The Civil Partnership Act 2004, which takes effect on Monday, extends the same rights of civil marriage to lesbian and gay couples. This means employers should make extra sure they are complying with laws to protect employees from sexual orientation discrimination, which have been in force since December 2003.

Although Mondayís ruling does not introduce new employment rights, it will further clarify existing rights for the 22,000 people the Government predicts could be in a civil partnership by 2010. Certain areas of employment law concerning equality and family-friendly rights will be amended to formally recognise a ícivil partnerí as equivalent to a spouse.

Richard Smith, employment services director at Croner, says, This is a very significant piece of legislation for the UK lesbian, gay and bisexual community and will affect the workplace in a variety of ways. It may empower more people to take a stand against sexual orientation discrimination so we are advising our clients to check that their diversity policies state that such discrimination will not be tolerated.

On a more practical level, weíre advising employers to make sure all employees are treated equally, regardless of their sexual orientation or marital status. For example, at this time of year, employers should be extra careful that invitations for the office Christmas party to employees and their partners are worded so as not to exclude non-married partners, same-sex couples - and now civil partners.

Civil Partnerships
Same-sex couples can apply to enter a civil partnership from 5 December 2005 and the earliest a civil partnership can be formed is 21 December 2005. A civil partnership can be formed in England and Wales at a register office or an approved premise.

Sexual Orientation Discrimination
The Employment Equality (Sexual Orientation) Regulations 2003 (EESOR) came into force on 2 December 2003. The EESOR prohibits discrimination on the grounds of ísexual orientationí in the fields of employment and vocational training. Sexual orientation is defined as meaning a ísexual orientation toward persons of the same sex, persons of the opposite sex or persons of the same sex and the opposite sexí. The EESOR prohibits discrimination against not just lesbians and gay men, but also heterosexual and bisexual people.

The first successful case under the EESOR took place in February this year after a gay office manager, who was nicknamed Sebastian by senior colleagues after an effeminate comedy series character, won his Employment Tribunal case. He received in excess of 35,000.

Providing a practical interpretation of the new law for UK employers, Smith says: The rules on civil partnership will only apply where couples have legally registered, and the reality is that businesses will have very few, if any, employees with a civil partner. Having said that, civil partners must be acknowledged by the company in exactly the same was as married employees so itís advisable now to amend policies to this effect.

He adds: The Civil Partnership Act will not massively impact UK business, and, while employers should be aware of it and the potential consequences of breaching sexual orientation legislation, the chances are that if they adopt good equality practices anyway, then they will not be affected at all.

Employment Legislation effected by The Civil Partnerships Act 2004
- The prohibition of discrimination against married persons under the Sex Discrimination Act 1975 is extended to cover civil partners.

- The Employment Equality (Sexual Orientation) Regulations 2003 are amended to ensure that the status of a civil partner is comparable to that of a spouse. The current exception (reg. 25) which allows for differential benefits based on marital status (e.g. survivor benefits under a pension scheme) will be extended to permit benefits to be conferred on married people and civil partners to the exclusion of others. (Note that the new reg. 25 will preserve the existing exemption for benefits dependent upon marital status where the right to the benefit accrued, or the benefit is payable, in respect of periods of service prior to the coming into force of the Civil Partnership Act 2004).

- Although same-sex couples already enjoy family-friendly employment rights such as parental leave, adoption and paternity leave and flexible working requests, the relevant legislation will now formally included civil partners in the list of those entitled.

- There are changes to the reference to step-children to include the step child of a personís civil partner - this will affect, for example, the parental leave provisions.