Is there any legislation covering discrimination in relation to sexual orientation?

 

Yes. On December 1 2003 new legislation was introduced outlawing discrimination in employment and vocational training on the grounds of sexual orientation.  This is known as the Employment Equality (Sexual Orientation) Regulations 2003.

 

What do these Regulations cover?

 

The regulations apply to discrimination on grounds of orientation towards persons of the same sex (lesbians and gays), the opposite sex (heterosexuals) and the same and opposite sex (bisexuals).  They cover discrimination on the grounds of perceived and actual sexual orientation i.e. assuming, correctly or incorrectly, that someone is gay, lesbian, bisexual or heterosexual.  The Regulations also cover association, i.e. being discriminated against on grounds of the sexual orientation of those with whom you associate e.g. friends or family.

 

What do they not cover?

 

The Regulations do not cover discrimination other than discrimination on grounds of people's actual or perceived sexual orientation.

 

What do they outlaw?

 

• Direct discrimination - treating people less favourably than others on grounds of sexual orientation.

 

• Indirect discrimination - applying a provision, criterion or practice which disadvantages people of a particular sexual orientation and 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.

 

What aspects of employment do the Regulations cover?

 

The Regulations apply throughout the employment relationship - during the recruitment process, in the workplace, on dismissal and, in certain circumstances, after the employment has finished.

 

Who do they cover?

 

The Regulations protect the rights of workers.  They apply to all employers/businesses whatever their size and whether in the public or private sector (including the police).  They apply to recruitment, terms and conditions, pay, promotion, transfers and dismissals.

 

How do I make a claim under the new Regulations?

 

If you want to make a complaint of discrimination or harassment under the Regulations you may wish to do so in the appropriate tribunal by completing an Employment Tribunal Application Form (IT1) available from your local JobCentre Plus office or local Citizens Advice Bureau.

 

Where can I get more information?

 

Contact Acas who operate a telephone helpline (tel: 08457 47 47 47, textphone: 08456 06 16 00) which provides information and advice across a wide range of employment issues.

 

If you want to read the text of the Regulations, click on the link below:

Employment Equality (Sexual Orientation) Regulations 2003 

 

Is there anything else I can do to protect myself from discrimination at work?

 

Yes.  Keep up to date with employment legislation generally.