- Conference
- 2004 National Delegate Conference
- Date
- 1 March 2004
- Decision
- Carried
Conference notes:
1)the Employment Equality (Sexual Orientation) Regulations 2003, which protect workers against discrimination, specifically including harassment, on the grounds of sexual orientation;
2)the seeming acceptability in certain circles of homophobia, including a number of famous music acts which encourage listeners to attack or even kill gay people;
3)a lawsuit registered with Cook County circuit court, Chicago, USA on 8 October 2003, in which US metal band Limp Bizkit were accused of yelling “disgusting homophobic and anti-gay statements” at the crowd in a concert on 26 July 2003 (summer sanitarium tour at hawthorne race course in Stickney).
4)further reports that at the above concert their set included a “sarcastic, gay-bashing cover of George Michael’s Faith with potty-mouth lyrics that would embarrass a fourth-grader”. (On-line review.)
Conference further notes:
a)that although at present there is no UK offence of incitement to homophobic hatred, the crown prosecution service has committed itself to zero tolerance of hate crime, including homophobic hate crime, and the Criminal Justice Act 2003 will require judges to treat homophobic motivation as an aggravating factor in assault cases; however, despite continuing calls from Outrage! to date the police have been unwilling to take action against homophobic performers;
b)UNISON members who work at venues, including those run by local authorities, may be subjected to direct or indirect homophobic harassment by artists who incite violence in their lyrics or concert-goers fuelled by their performance;
c)although there is contradictory case law pre-dating the Employment Equality (Sexual Orientation) Regulations 2003, it is possible that the Regulations may impose a duty of care on employers to protect their employees from homophobia from contracted third parties such as music acts;
d)the ACAS guidance on the Regulations states that it is good practice for employers to protect their workers from harassment by third parties, a position strongly advocated by UNISON;
e)there is still extensive work to be done with employers to make policies and practices on tackling homophobic harassment effective.
Conference therefore resolves to:
i)instruct the National Executive Council to seek clarification on the impact of the Sexual Orientation Regulations on harassment by third parties and issue guidance to branches;
ii)urge branches with members who work in public performance venues to raise these issues with management;
iii)urge all branches to:
A)ensure they have negotiated effective policies and procedures on tackling homophobic harassment, which comply with best practice, as well as the legal requirements of the Sexual Orientation Regulations;
B)ensure all stewards are trained on sexual orientation issues; and
C)encourage lesbian and gay members to become stewards and other representatives.