The following is designed to provide guidance on the regulations that cover sexual orientation. This information will form part of the Equalities Framework and the ethos of treating people fairly irrespective of their sexual orientation is already an inherent part of our Equalities Policy.
Introduction
The Employment Equality (Sexual Orientation) Regulations come into force on 1st December 2003. The principle behind the regulations is to ensure that more protection is granted towards individuals irrespective of their sexual orientation, in the work place. The degree of protection is similar to that already provided by race and gender legislation.
What is the definition?
The definition of sexual orientation specifically is covered by the regulations and means an orientation towards:
- Persons of the same sex
- Persons of the opposite sex
- Persons of the same sex and of the opposite sex.
Who does it cover?
The regulations are designed to cover anyone who works for an employer or applies to work for an organisation.
We are also responsible for the behaviour of our employees towards someone who is working on our premises for example, someone servicing a piece of equipment.
Will we ask people about their sexual orientation?
- Currently the Council has no plans to ask people about their sexual orientation, either in the interview or during employment. Please remember that during an interview questions of a personal nature should be avoided.
- As with all data, it is useful to have information about employees such as age, ethnicity and disability as often such statistics are used to judge the performance of an organisation. For example, the Audit Commission currently asks us to provide figures for racial background and disabilities. Currently this information is not necessary therefore the Council has no plans now or in the future to request information regarding an employee’s sexual orientation.
What if I am being harassed or bullied because of my sexual orientation?
We will not tolerate such instances of behaviour, and any occasions of harassment or bullying or other related unacceptable behaviour will be dealt with under our Anti-Harassment Procedure.
What about the possible conflicts between sexual orientation and religion?
In an environment where people work together there will always be differences of opinion and certainly many religions or beliefs have doctrines regarding sexuality. However, the equalities policy should override such differences. Therefore everyone has the right to be treated fairly and without discrimination in the work place irrespective of his or her gender, disability, race, age, religion and sexual orientation or for reasons relating to transgender.
What is the status of a same sex partner?
Where employees require unpaid leave to deal with emergencies involving their partners, dependents or children, this entitlement also extends to same sex partners. Please also note that where any benefits are awarded to unmarried partners, for example healthcare, the identical rule also applies to same sex partners as well.
What if I don’t want everyone to know about my private life?
There are instances as above or in the case of next of kin where information about a partner is required. However, we appreciate that in any case such details should not be made public and the same rules of confidentiality regarding privileged personnel information also applies to the gender of an employee’s partner.
Does sexual orientation affect transgender issues?
It is a common misunderstanding that transgender issues are related to sexual orientation. In practice the two issues are separate and for the purposes of these particular regulations transgender is a completely different issue to sexual orientation. Transgender matters are covered by the Sex Discrimination (Gender reassignment) Regulations 1999.
Conclusion
As is the case with other regulations the related practices will be affected over time with the development of case law. However, it is important that we consider our policies and practices in light of these regulations and takes a common sense approach to such issues.
If you require more information regarding sexual orientation please contact the Equalities and Access Officer or please seek guidance from other appropriate agencies such as Dialog within the Local Government Association.