Employment Legislation 

 Sexual Orientation 

Orientation towards persons of the same sex (lesbians and gay men( Orientation towards the person of the opposite sex (heterosexual) Orientation towards persons of the same sex and the opposite sex (bisexual).

The Regulations apply to all employment and vocational training. They make it unlawful to:

• Discriminate directly against anyone by treating them less favourably than others because of their actual or perceived sexual orientation.
• Discriminate indirectly against anyone by applying a criterion, provision or practice which disadvantages people of a particular sexual orientation unless it can be objectively justified.
• Subject someone to harassment based on the grounds of their actual or perceived sexual orientation (see the definitions).
• Victimise someone because they have made or intend to make a complaint or allegation or have given or intend to give evidence in relations to a complaint of discrimination on grounds of sexual orientation.
• Discriminate against someone, in certain circumstances whether the working relationship has ended.

• Organisations should not set unnecessary selection criteria or standard, which might prevent people from applying because of their sexual orientation. For example, advertising for a husband and wife team which may discriminate against same sex partners.
• During interviews avoid questions which are not obviously related to the post. It is good practice to avoid enquiring about martial status, number of children and arrangements for their care, sexual orientation, or social life.
• Unnecessary wording and questions on application forms should be avoided, such as knowing the martial status of the applicant.
• An organisation's Equal Opportunities policy which is provided to applicants should state that all forms discrimination including sexual orientation to make applicants and staff feel confident.

• Organisations should raise awareness amongst their staff that homophobic comments and jokes may be degrading or distressing and could be viewed as offensive. It is recommenced (ACAS) that words such as heterosexual, bisexual, lesbian and gay are acceptable.
• Organisations with 20 or more employees should have a grievance procedure and this will be legal towards the end of 2004. Employers should monitor disciplinary and grievance procedures for disclosing homophobic attitudes within the workplace.
• Staff should be aware through training, contracts of employment etc that it is not only unacceptable to discriminate, harass or victimise someone on the grounds of sexual orientation but that it is unlawful.

• Organisations and their staff should not assume that everyone is heterosexual. For example, social gathering should not exclude same sex partners through wording on invitations.
• Confidentiality - A staff member's sexual orientation should be kept confidential. For example, keeping information such as a partner's name confidential and managers should not assume it is common knowledge.
• Unpaid leave - Employees are legally entitled to unpaid leave to deal with unexpected problems concerning a dependent or close family member. Organisations should consider whether their policies and procedures for granting time off does not discriminate on the grounds of sexual orientation either intentionally or unintentionally.
• Benefits - If employers give benefits to opposite sex unmarried partners than refusing to give the same to benefits to same sex partners would be discrimination. If benefits specify "married" partners or "spouse" then they do not have to be extended to cover unmarried partners.