Last Updated: 1 December 2003

Historic lesbian, gay and bisexual legislation introduced

(1/12/03) As of today it is unlawful to discriminate against workers because of their sexual orientation, whether they are bisexual, lesbian, gay or heterosexual.

The Employment Equality (Sexual Orientation) Regulations 2003 are a result of the UK’s implementation of EU legislation requiring member states to ban sexual orientation discrimination in employment by the end of 2003.

The new law will prevent:

• direct discrimination - treating people less favourably than others on grounds of sexual orientation or religion or belief;
• 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.

Although the legislation is broadly welcomed there has been disappointment at certain omissions from the legislation.

“We very much welcome the new sexual orientation legislation,” said assistant national officer Gary Williams. “But there are two aspects which we strongly object to.”

Williams explains that the first is the clause that allows employers to restrict benefits such as surviving partner pensions to married workers, despite the fact that same-sex couples cannot marry.

The second disappointment is the exception for religious organisations, which could allow them to refuse to employ lesbians and gay men.

“UNISON has joined other unions amicus, NATFHE, NASUWT, NUT, PCS, and RMT in a legal action to have those parts of the new regulations declared unlawful.

“But despite their flaws, these regulations make history by outlawing discrimination against lesbians, gay men, and bisexual people at work,” he concluded.