Employment Law and the Civil Partnership Act –
New Obligations for Employers

The Civil Partnership Act 2004 came into force on 5 December 2005.

What it Means

Other areas of law have been changed to fit the civil partnership model. As regards employment law, amendments to the Employment Equality (Sexual Orientation) Regulations 2003 make it clear that the status of a civil partner is comparable with that of a spouse. The effect is to enable a civil partner who is treated less favourably than a married person in similar circumstances to bring a claim for sexual orientation discrimination.

What to Do

Employers who have not already done so should make sure that they treat married employees and civil partner employees in the same way. For example, an employer who makes a benefit available to the spouse of an employee must now make the same benefit available to an employee’s civil partner. The existing exemption allowing married people to be awarded more favourable benefits will remain in respect of service which pre-dates the introduction of the Civil Partnership Act.

The civil partner of a person with a child under six years old, or a disabled child under 18, also has the right to request flexible working arrangements. The employer has a duty to seriously consider the request by the employee to change his or her working pattern.

The civil partner of the mother of a child is entitled to receive statutory paternity pay and to take statutory paternity leave in respect of that child. Where civil partners adopt a child together, one partner is entitled to take adoption leave and receive statutory adoption pay and the other can take paternity leave and receive statutory paternity pay.

In addition, all employees are entitled to take a reasonable amount of unpaid time off work to deal with emergencies involving a dependant and not to be dismissed or victimised for doing so. This right also includes civil partners.

The Department of Trade & Industry has issued guidance on its website.