21 November 2003

KEEBLE HAWSON

E-MAIL UPDATE

Sexual Orientation

Employment - Discrimination at Work - New Regulations

The Employment Equality (Sexual Orientation) Regulations 2003, come into
force on 1 December this year, allowing an employee to bring a claim for
harassment, discrimination or victimisation at work on grounds of their
sexual orientation. At present, there is no such legal protection in
place, therefore persons are open to discrimination without any form of
redress other than perhaps a claim for constructive dismissal but only
if they had completed 12 months service with that employer. Claims can
be brought by employees who are gay, lesbian, bisexual and heterosexual
and can include claims by heterosexual employees who are being
victimised by work colleagues because they are perceived to be
homosexual or bisexual.

These Regulations like their counterpart religious discrimination
regulations will affect all areas of employment from the advertisement
of jobs, recruitment, including the interview process, through to the
everyday matters during the course of a working day.

Employers should note that they cannot defend these claims, by pleading
ignorance or by stating that they were unaware of the sexual orientation
of their staff. They would have to show that policies and procedures
were in place to prevent and discourage (with the sanction of
disciplinary action in serious cases) such conduct and behaviour by
their employees. Therefore we recommend that existing policies be
updated and amended accordingly.

ACAS has produced guidance booklets to advise companies how to obtain
such sensitive and personal information from its staff. It has been
suggested that the question of sexual orientation could be addressed on
an equal opportunities questionnaire, but this however, will only
protect persons who will openly reveal this information, alternatively
anonymous questionnaires could be used. The ACAS guidance booklet can be
obtained from its web site at www.acas.org.uk

It was hoped that prior to the implementation of these new regulations,
the government would release guidance to employers as to what
constitutes discrimination/victimisation under the new law rather than
wait for the outcome of the first test case on this issue before the
employment tribunal

We advise clients on all aspects of areas of employment law, including
discrimination

For more information contact:-

Paul Grindley (Leeds Office) 0113 399 3494
E-mail: paulgrindley@keeblehawson.co.uk

Sarah Hall (Sheffield Office) 0114 272 2061
E-mail: sarahhall@keeblehawson.co.uk

www.keeblehawson.co.uk

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