The LGF is a registered charity fighting for and supporting lesbian, gay and bisexual people.

The Workplace

The Equality Act 2010 (“the Act”) (which took legal effect on 1 October 2010), has consolidated the rights available in the workplace for individuals in civil partnerships particularly in respect of discrimination, and supports the rights of civil partners as set out in the Civil Partnership Act 2004.

The Act applies to a wide range of individuals including employees and office holders and is applicable in various contexts such as recruitment, terms and conditions, promotions, and dismissal.  Various forms of civil partnership discrimination are covered by the Act, namely direct and indirect discrimination, and victimisation.

However, unlike other protected characteristics such as sexual orientation or race, civil partnership is not considered a relevant protected characteristic for the purposes of harassment in accordance with Section 26(5) of the Act.

It may be appropriate, instead, for a civil partner to bring a harassment claim in the Employment Tribunal on the grounds of their sexual orientation.

Direct civil partnership discrimination is formally defined by Section 13(1) of the Act.  Such discrimination occurs “where a person (A) treats another (B) less favourably than A treats or would treat others because B is married or a civil partner”.  No form of direct discrimination can be justified. An example would involve a single person being promoted as opposed to A, as the job requires the employee to socialise regularly and B fears that A will not be able to commit to this because of family commitments.

Civil Partners can bring indirect discrimination claims. The legal basis for such a claim is that: A (an employer) applies to B (a civil partner) a provision, criterion or practice (PCP) which is also applied to persons who are not civil partners, resulting in the civil partner being put at a disadvantage when compared to other persons to whom that PCP is applied.  The civil partner must also experience the said disadvantage.

For example if A were to advertise job opportunities on dating or singles websites, this would place civil partners at a disadvantage in the recruitment process as it is less likely that they would see them. Indirect discrimination is unlike direct discrimination in that it can be objectively justified.

An employer would need to prove that there is a real business need to apply such a PCP, that the PCP is reasonably necessary in order to satisfy that need and there are no less discriminatory options available. 

Civil partners may also experience victimisation within the workplace.

This arises where a person is treated less favourably than others because they have done or intend to do, (or an employer is suspicious of the same), a protected act as set out in the Act, for example, those making a claim or giving evidence in support of claims of discrimination on the grounds of civil partnership.

Complaints of victimisation must be made in good faith.

There are also a number of rights for civil partners in relation to childcare such as the:

  • statutory right to request flexible working;
  • right to paternity leave;
  • Ordinary Paternity Leave of either one whole week or two consecutive weeks. Leave must be taken within 56 days of a child’s birth or placement   for adoption; and;
  • Additional Paternity Leave where employees of either sex can take leave to care for their child, in relation to their child’s birth or when matched for adoption.

This information was kindly prepared by Kuits’ Employment team.

If you would like further information please contact The Lesbian & Gay Foundation.Tel: 0845 3 30 30 30

December 2011