Articles by McGrigors
06 December 2005
Same-sex unions have implications for employers
and employees alike
by Murray McCall
(Published The Scotsman)
The Christmas party season is upon us and, to add to the list of employment "no-go areas", there is a new matter that merits the attention of employers. The Civil Partnerships Act (CPA) came into force yesterday and allows homosexual couples to obtain legal recognition for their relationships, giving those who register partnership similar rights to married couples.
The CPA specifically requires employers to recognise civil partnerships in the same way as marriages and this could have major implications for some employers. One of the main requirements of the CPA is that any employment benefits provided for the spouse of a married employee must also be extended to civil partners to avoid unlawful discrimination. Examples of such benefits could include: additional holidays for weddings or honeymoons; payments or gifts made in celebration of a marriage; and private health insurance.
A number of other important changes have been made to employment law. Since the mid-1970s, couples discriminated against on the grounds they are married have been afforded protection under the Sex Discrimination Act. The CPA extends this protection to civil partnerships. While the number of cases of marital discrimination have been extremely low, that cannot be assumed when it comes to civil partnerships discrimination.
Other changes include the extension of the entitlement to a survivor's benefit under a personal or contracted-out occupational pension scheme. The family-friendly provisions governing entitlement to parental, paternity and adoption leave, statutory paternity and adoption pay, and the right to make a flexible working request and to take emergency time off for dependants, will also be extended. The Employment Equality (Sexual Orientation) Regulations, which already outlaw discrimination on the grounds of sexual orientation in employment, have been amended to ensure the status of a civil partner is comparable to that of a spouse.
Office Christmas parties are a breeding ground for harassment claims. The Sexual Orientation Regulations make it unlawful for a person to be subjected to harassment on the grounds of their sexual orientation. This means what some may perceive to be innocuous comments could constitute harassment. If homosexual or bisexual employees are subjected to unwanted verbal, non-verbal or physical conduct at events attended by colleagues, employers could be held liable.
The introduction of the CPA may result in more people being open about their sexuality and employers should be vigilant to any negative reaction about the open celebration of homosexual or bisexual relationships and be on the alert for "water-cooler gossip" speculating on the sexuality of fellow employees. As employers can be held vicariously liable for the discriminatory acts of their employees, it is recommended all employees receive training on sexual orientation discrimination.
For further information please contact :
employmentpensions@mcgrigors.com
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