Amendments to the Sexual Orientation Regulations

Consultation has taken place on amendments to the Employment Equality (Sexual Orientation) Regulations 2003 to take account of the introduction of the Civil Partnership Act, due to come into force on 5 December 2005.

The first amendment makes it clear that, for the purposes of the Regulations, the status of a civil partner is comparable with that of a spouse. The effect will be that a civil partner who is treated less favourably than a married person, in similar circumstances, will be able to bring a claim under the Regulations for discrimination on the grounds of sexual orientation. An employer would have to show that the difference in treatment could be justified because the married person and the civil partner were not in a comparable position for some other reason - for example that they were doing different jobs.

The amendment will prevent an employer justifying less favourable treatment of a civil partner, as compared with a spouse in like circumstances, unless it can be shown that being heterosexual is a genuine occupational requirement.

Benefits Dependent on Marital Status

Once the Civil Partnership Act comes into force, more favourable benefits, such as survivor benefits, will be able to be conferred on civil partners as well as spouses, to the exclusion of others without such a status. However, as regards employment service which pre-dates the introduction of the Civil Partnership Act, it will still be lawful to treat married people more favourably than any other group in respect of this service.