Stonewall Scotland | 
We have had many enquiries from both employers and employees who are still confused about the Employment Equality (Sexual Orientation) Regulations that came into force in December 2003. We have put together below some of the questions and answers that seem to crop up on a regular basis.
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What are the new regulations and where did they come from? The official name of the new legislation is The Employment Equality (Sexual Orientation) Regulations 2003. It was passed by Parliament after the EU Employment Directive made it illegal to discriminate against people in the workplace and during vocational training just because they were gay, lesbian or bisexual. Regulations also came in at the same time to protect against discrimination on the grounds of religion or belief. |
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What do the new regulations cover? The regulations cover everything to do with your working life: from being interviewed for a position through your experience on the job to when you leave and in case you are dismissed. In some situations, it can even cover you after you have left the job. |
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Do you have to prove your sexual orientation to do something about harassment or discrimination? Not at all. It doesn’t matter what your sexual orientation is, you are still protected by the law. So, whether you are gay, straight or bisexual, if you are getting harassed or discriminated against – maybe just because your workmates think you seem gay or because you have lesbian friends – you are still covered and can do something about it. |
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I’m not gay but am still being harassed because everyone assumes I am. What can I do? Everyone is protected against harassment by the new regulations – whether you are gay or not. |
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Can someone refuse to work with a colleague who is gay, lesbian, or bisexual on religious grounds? No, they can’t. If a member of staff can’t work with every one of their colleagues, then they can’t do their job. |
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I’m applying for a vocational training course – am I covered? Yes, you are. It’s the same as with employment: the regulations cover everything from the application to the training itself and, as with employment, can even cover you when you’ve finished the vocational training. |
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I am a transgender person but I define myself as a lesbian. Can I use the new regulations to deal with people harassing me? Absolutely. Just like a black woman being harassed on racist and sexist grounds could tackle the situation with legislation on both areas, so can you. You can use both the Sex Discrimination (Gender Reassignment) Regulations 1999 and the Employment Equality (Sexual Orientation) Regulations 2003 to deal with the harassment. |
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I often get homophobic abuse from customers. Do I have to put up with it? No you don’t. Under the new regulations your employer has to take every possible step to protect you from harassment – even from customers. |
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I’m always open about my sexuality but my boss keeps me away from customers because he says they won’t like it. Is there anything I can do? Yes there is because it’s illegal. Your boss can’t discriminate against you when assigning work just as he can’t discriminate against a Muslim woman wearing a hijab because he thinks the customers won’t like it. All employees have the same rights to be assigned the same tasks. |
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My same sex partner has never been invited to office parties even though everyone else can take their husbands, wives or partners. Is that discrimination? It certainly is and with the new regulations it’s now illegal. If everyone else can bring their partner, then so can you. |
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My company doesn’t want same sex couples at office events so they are changing the rules so that only married people can bring their husbands or wives. Is that allowed? Your company needs to be very careful. If they are changing their policies specifically to keep same sex partners out – like they seem to be in your case – then this can be seen as discrimination and against the law. Have a word with your union rep or your manager. In any event, gay couples who have registered their partnerships under the Civil Partnership Act must be treated the same as a married couple. |
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Can I now claim domestic partner sick leave, health insurance and other benefits my company offers to employees with partners? Yes, if you have registered a civil partnership you are entitled to the same benefits as married colleagues. If your company also offers these benefits to unmarried heterosexual partners, they must do the same for gay couples who are not in a civil partnership. |
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If there is an emergency involving my same sex partner, am I entitled to the same time off as everyone else? Yes, you are. You can take unpaid leave to deal with any unexpected problems concerning your partner or any other close family member or dependent. [This doesn’t apply to anyone who is self-employed or serving in the police force or the armed forces]. |
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My employer has started monitoring everyone’s sexuality. Can he use this information against me? Not at all. Monitoring is actually quite helpful even if you feel unsure about it to begin with. That’s why it would be good if your employer could explain the reasons for the monitoring to you, just so you know why they want to know about your sexuality, how they are going to use the information, how they can make sure the information stays confidential etc. Monitoring is actually a healthy sign for a number of reasons:
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I want to apply for a job with an employer that has a religious creed - will I be barred from employment if I am open about my sexuality? In a few rare cases, employers in an organised religion may still refuse to hire lesbians, gay men and bisexuals if it’s at odds with their convictions. But the courts have said this will apply to a tiny number of cases, such as priests or imams. If you work in a faith school or for a religious charity you are protected. And you can’t be treated less fairly if you’re already in your job. |
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What can I do if my workmates are harassing me because they think I’m gay? It’s up to your employer to do something about it. Employers are responsible for what their staff do and have to do everything they can to stop the harassment. If they don’t, they may be breaking the law. But it's your job to bring it to your employer’s attention. |
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What should I do if colleagues regularly make jokes about gay people? You should complain to your manager, explain that it is your employer’s responsibility to sort out situations like this and be sure to take the matter further if nothing is done. Racist, sexist and homophobic jokes are just not funny. They can make a working culture uncomfortable and make it easier for more serious harassment to take place, so you really should do something about it. |
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How do I make a complaint? The first thing to do is to use the grievance procedure at work, which your employer must have by law. It’s always best to try and sort out grievances informally to begin with by raising the matter with the right person, usually your manager. If you can’t do that – maybe your manager is the person you have a grievance against – you should go to the next most senior person. And make sure you have everything in writing and that you keep a record of who you spoke to with dates and notes of what was discussed. If the informal approach doesn’t work, a grievance procedure has a formal phase. That means making a detailed written statement and arranging a meeting with your employer to discuss your grievance. You can take someone with you – a friend from work, a union official – if you like. After the meeting, your employer has to tell you what has been decided. If you disagree with the decision, you can make an appeal in writing. You have to do this before you go any further or it could affect the judgement or any award you are in line for. There will be an appeal meeting, which you need to go to, when your employer will tell you their final decision. If you disagree with this, you should take it further. You would usually make your complaint to the Employment Tribunal, but if your case involves an institute of further or higher education you’ll need the county or sheriff’s court. But act fast as you have to bring your claim against an act of discrimination within three months of it taking place. Tribunals and courts will only extend those time limits in exceptional cases. Pick up an Employment Tribunal application form (called an IT1) from your local Jobcentre Plus office or Citizens’ Advice. |
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Is there anyone who can help me? * Stonewall accept no responsibility for the content of external sites. |
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