Employment Equality (Sexual Orientation) Regulations 2003

Under the regulations, ‘sexual orientation’ means a sexual orientation towards persons of the;
• Same sex
• Opposite sex or
• Persons of the same sex and of the opposite sex

The legislation protects against direct and indirect discrimination, harassment and victimisation on the grounds of sexual orientation throughout all aspects of the employment relationship, including recruitment, retention, promotion, terms and conditions and vocational training. (See ‘Recognising Discrimination’ for a definition of the main types of discrimination.)

Direct discrimination may be on the grounds of:
• A person’s sexual orientation
• Perceived sexual orientation or
• Because they associate with a person of a particular sexual orientation

Exemptions include:
• General Genuine Occupational Requirements
• Organised religion Genuine Occupational Requirements
• Benefits dependant on marital status
• Positive action
• National security

There have been a few attempts to use the Sex Discrimination Act to cover sexual orientation but these were largely unsuccessful, with case law establishing that the SDA cannot in most circumstances be used to cover discrimination on the grounds of sexual orientation.

Civil Partnership Act 2005
This permits same-sex couples to form a civil partnership and makes provision for them to be treated in the same or similar way as spouses in relation to certain benefits e.g. pensions etc.

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