SEXUAL ORIENTATION EMPLOYER HANDBOOK THIRD EDITION EMPLOYER HANDBOOK THIRD EDITION

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From compliance to common sense

In recent years there have been long overdue legislative moves to afford and staff equal treatment with their straight colleagues at work. led the campaign for this legislation and welcomed its introduction. The Employment Equality (Sexual Orientation) Regulations became law on 1 December 2003 and made it unlawful to discriminate in employment or training on grounds of sexual orientation. This was a huge and welcome advance in fair treatment for the 1.7 million lesbian, gay and bisexual people in the UK workplace. It entitled them to protections similar to those already provided for women, disabled and black and ethnic minority staff.

The legislation means employers now risk legal claims from staff who: • have been treated less favourably — in, for example, recruitment, promotion, training, or dismissal — than others because they are gay or someone has assumed they are gay, or because they associate with gay people; • are disadvantaged as a group by workplace practice and policy because of their sexual orientation — for instance, they fail to qualify for certain benefits; • have been offended — either intentionally or unwittingly — by homophobic actions or comments.

The Civil Partnership Act, which took effect in December 2005, affords lesbian and gay people exactly the same package of rights and responsibilities that heterosexual people can derive from marriage. Employers are now required to treat staff who are married or in civil partnerships in exactly the same way. The Sexual Orientation Regulations introduced as a consequence of the provide robust protections to gay people against discrimination in the provision of ‘goods, facilities and services’, essentially almost any activity in which either business or public providers are engaged. However, Stonewall views new legislation as the beginning of necessary cultural change, rather than an end in itself. We’ve produced this Employer Handbook because we believe in working with employers to move beyond mere legislative compliance in order to derive real organisational benefit from diversity. New laws hold nothing to fear. They provide a challenge but they also afford substantial new opportunities. This guide offers practical help and advice to employers on how to both comply with and get the best from the new laws. It provides a detailed outline of current legislation and what it means in practice. Using this handbook will help you build reputation, improve recruitment and boost productivity amongst your lesbian and gay staff as well as help you mitigate risk going forwards as you attract more motivated employees and more loyal customers. The guide also includes practical advice on overcoming the barriers to establishing a truly inclusive workplace. We offer ten key steps to making sexual orientation an everyday diversity issue alongside gender, race and disability. All the advice is based on methods already used by members of Stonewall’s programme to promote fair treatment in the workplace. These Diversity Champions range from IBM, Barclays and Ford in the private sector to the Cabinet Office, Manchester City Council and the in the public. They are major British employers that have one thing in common — they all want to ensure that they stay in the premier league by attracting and retaining the very best human capital. To them equal treatment for lesbian, gay and bisexual people isn’t just a question of fairness; it’s a question of common sense.

Ben Summerskill Chief Executive, Stonewall

www.stonewall.org.uk The Employment Equality (Sexual Orientation) Regulations 2003 make it unlawful to discriminate in employment or training on grounds of sexual orientation The Equality Act (Sexual Orientation) Regulations 2007 make it unlawful to discriminate in the provision of goods, facilities and services on grounds of sexual orientation 5

Contents

Winning the argument ...... 7 Building the business case for diversity Making it happen — a toolkit for success ...... 13 Ten steps to creating an inclusive workplace The new laws in detail ...... 33 Your legal questions answered

Resources Sample diversity policy ...... 40 Stonewall Workplace programmes ...... 41 Contacts — where to go for more information ...... 43 Diversity Checklist ...... 44 Ten key steps to making the law work for your organisation

Throughout this guide, we use the abbreviations LGB to indicate lesbian, gay and bisexual, and LGBT to indicate lesbian, gay, bisexual and . Although the new laws do not relate to transgender people, employers who demonstrate good practice in this area are often at the forefront of good practice generally.

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Business Benefits

Winning the argument Building the business case for diversity

Lesbian, gay and bisexual people necessary for optimal furnish an ideal platform to comprise around 6 per cent of the performance communicate a commitment to a UK population, according to • risk mitigation — the need to key human rights issue of our times government estimates. That’s comply with a robust set of that is also good for business. roughly 3.6 million people, or 1.7 anti-discrimination laws and It’s not only external reputation million in the UK workforce. The avoid the escalating costs of that can benefit from engaging arguments for ensuring your litigation with issues around sexual organisation’s diversity policies and orientation. Recent research by the practices include lesbian, gay and These four strands of the business Work Foundation has shown that bisexual (LGB) people have never case for diversity are interlinked. pride in working for an organis- been stronger. For example, an organisation that ation where strong interpersonal By 2011, only 18 per cent of strives to create a working relations and solidarity were the UK workforce will be white, environment free from unlawful manifest was key in differentiating male, not disabled, under 35 and harassment should also reap the top UK producers. heterosexual. Many progressive rewards of a loyal, well motivated, Conversely, a reputation for employers are now recognising more productive workforce. At the discrimination can have a negative that they need to draw on talent same time, a company known to impact on an organisation’s ability from all sections of the population recruit actively from varied to attract and retain customers and create a workforce culture communities is likely to be more and clients, as well as staff. that embraces diversity and successful in promoting its goods Research by Harris Interactive in equality. These employers have to a wider market. the United States has demonstrated four key motivations: that almost three quarters of gay Reputation and more than two in five straight • reputation — the need to Organisational reputation is hugely consumers are less likely to buy show the right corporate image important and becomes more so products from companies to an increasingly discerning as the world becomes more perceived to hold negative views population of potential staff competitive and consumers and of and . and customers service users more demanding. In In the private sector, robust • recruitment and retention — the past, brand association with diversity policies and practices seen the need to become an sexual orientation was sometimes to encompass LGB people can play employer of choice to maintain seen as a liability. Now it is an important part in attracting the competitive advantage in an frequently perceived as an asset. ‘pink pound’. While not all LGB increasingly complex labour Addressing issues of sexual people have high disposable market orientation can demonstrate that income, statistical evidence • productivity — the need to an organisation is courageous and suggests it is a lucrative market for retain and motivate the talent forward-thinking. It can also many businesses.

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Business Benefits

Significantly, gay consumers tend to show higher levels of In 2001, Barclays conducted its first staff attitude survey brand loyalty. A survey by featuring sexual orientation. They found that whilst 10 per RainbowReferrals.com in the US cent of staff had experienced bullying in the previous year, the revealed that more than 90 per figure for lesbian and gay staff was 23 per cent. Barclays cent of lesbians and gay men decided to invest in its LGB staff network, Spectrum, and would be ‘somewhat or very likely’ launch a series of initiatives designed to engage its gay staff to use a product advertised in the and customers. These culminated in sponsoring 300,000 lesbian and gay media, especially if copies of Stonewall’s plain English guide to civil partnership. the brand was associated with a In a recent survey, Pink Paper readers voted Barclays the company that had actively ‘number one bank for gay people’. promoted equality. This could be through sponsorship of events or of gay community organisations. In the public sector, lesbian and of unemployment mean that regard staff turnover figures as a gay people now have the same qualified gay employees can take key measure of their success as rights to access public services as their talent to the most inclusive employers. everybody else but may not feel work environments. Recent Australian research has able to. They often find their With skills at a premium, demonstrated that almost two in specific needs have been ignored holding on to expensively trained five of lesbian and gay staff facing or under-resourced when they do, and nurtured staff has become a discrimination will change careers which can impact on the effective key priority. Every staff member if the discrimination continues. delivery of a huge range of who leaves an organisation Stonewall has found that being services from health, education because of discrimination or stress positive towards gay recruits is a and housing to criminal justice has a potentially negative impact litmus test for inclusive and and leisure. This can have on its reputation as an employer effective recruitment generally. significant cost implications. With — internally as well as externally. It’s not just about attracting the new legislation now in place to Remaining staff and potential best gay people; it’s about prevent discrimination in the recruits lose confidence in managers attracting the best people full stop. provision of goods and services, in and leaders who appear to be both private and public sectors, flouting their own value statements. Productivity building reputation sits alongside As well as the opportunity cost Retaining a motivated workforce is a compliance imperative. of losing talented staff through an critical because it’s the discretionary intolerant working environment, effort that employees make that is Recruitment & retention there are the up-front expenses of the difference between an Employers such as Microsoft claim replacing them. It can cost up to organisation and its competition. that non-tangible assets, such as 150 per cent of salary to recruit, So how can an employer leverage intellectual capital, talent, induct and train a new member of this discretionary effort? How can leadership and reputation, staff. It’s hardly surprising, an employer increase efficiency represent 90 per cent of their therefore, that organisations such and loyalty as well as lower market value. Historically low levels as the Nationwide Building Society recruitment and retraining costs?

‘Equality for lesbian and gay people is integral to our corporate equality policies. We want to be a safe place for lesbian and gay people to work. As the largest employer in the county we also see our role as setting an example to other employers in the area.’ Sylvia Jones, Senior Education Officer, DENBIGHSHIRE COUNTY COUNCIL

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Business Benefits

The UK is currently estimated to staff. The values an organisation earn 50 per cent more than their be 20 per cent less productive claims to espouse and its ‘ peers’. Conversely, more than major competitors such as reputation play an increasingly than half of gay employees facing France and Germany. It is hardly important part in its ability to discrimination report direct surprising, therefore, that boosting attract and retain talent. negative work impact. productivity is now a key issue for One of those core values can The answer is to demonstrate employers — large and small. be fair treatment of all staff. visibly to your staff — gay and Until comparatively recently, Research shows that more than straight — that they are valued. many believed this simply meant one third of lesbian and gay staff Gay staff who feel supported by sweating assets — getting more conceal their sexual orientation their employer and work in an from less. But increasingly the from their employers and co- accepting environment will show government and economic experts workers. This creates stress and increased commitment. are stressing the importance of tension for many staff themselves. In 2005 St Mungo’s, the factors such as the skills base and But it also has consequences for homelessness charity, found that a declining levels of innovation. employers too. All people perform three per cent rise in staff Organisations are realising they better when they can be satisfaction translated to a one per need to add value through themselves. This obvious truth cent increase in client satisfaction, recruiting, training, developing applies in particular to lesbian and evidencing a direct correlation and retaining the best people. gay staff. between employee satisfaction A new generation, with There is now evidence to and customer satisfaction. different expectations from its support this assumption. Research In one recent opinion poll, one predecessors, is forcing employers in America has found that in five undergraduates said they to review how they recruit, employees who felt able to be would not work for an ‘unethical’ manage and remunerate their ‘out’ as gay in safe environments employer.

Until January 2000, gay personnel could still be dismissed from the British armed services simply for being gay. In 2005, the Royal Navy joined Stonewall’s Diversity Champions programme. Since then it has undertaken a recruitment strategy to target a cohort of recruits it was missing out on before. It has advertised in Starting Out, Stonewall’s annual recruitment guide, as well as in various gay publications aimed at its target audience. Since 2006, it has allowed personnel to march in London in uniform thus giving a positive external message of support for gay staff. The Royal Navy has confirmed a marked increase in applications from the gay community and is now regarded as an employer of choice among the armed forces.

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Business Benefits

Organisations are starting to understand they need to do more Staffordshire Police has measured its performance as an to become employers of choice. organisation for its gay staff since 2001. At that time, three They must demonstrate to the per cent of its staff identified as lesbian, gay or bisexual and people they want that they: 328 people preferred not to say. In the most recent survey, eight per cent of staff identified as lesbian, gay or bisexual and are dynamic • only five people preferred not to say. This suggests that over are prepared to invest in them • the period 2001–7, Staffordshire Police was successful in will enable them to perform at • changing the culture of the organisation to better allow their best people to be themselves at work. At the same time they were have positive policies and will • ranked one of the best performing police services in the deliver on them country, confirming that performance is not inimical to good are high performers in their field • practice around diversity.

Organisations that demonstrate respect for individuals have been shown to have higher levels of performance and morale, and up valuable resources. Even if the lower levels of absence. Workplace tribunal finds in the employer’s Rob Whitfield was a studies show these organisations favour, any publicity about the case business manager at create an environment of trust itself will almost certainly damage Cleanaway, a large and openness, where people are the organisation’s reputation commercial cleaning more likely to be creative, to take among existing and prospective services company. He was risks, to develop new products workers as well as customers. subjected to sustained and to establish new markets and The average tribunal award for homophobic bullying such new ways of working. discrimination cases in 2005 was as being made to wear a £17,400 — up eight per cent on fairy costume at the Risk mitigation the previous year. However, there Christmas party and Employment tribunals taken by is no limit on the compensation a repeated hurtful and lesbian and gay staff as a result of tribunal can award victims of inappropriate sexual discrimination based on their discrimination, and it can also order references by colleagues. sexual orientation don’t just do damages for injury to feelings — The tribunal found in his reputational damage. They can up to £25,000 in serious cases. The favour and he was cost employers significant total amount awarded by tribunals awarded £35,000 damages. amounts both of money and in cases of discrimination in 2005 Equally significant was the organisational energy. was £5.5 million. damage done to the Fighting a discrimination case Even settling out of court can reputation of the company. at an employment tribunal is often be expensive. It may keep an a no-win situation. It’s time- organisation out of the local consuming and costly for both papers, but it will still test the employer and employee and uses loyalty of the rest of the staff.

‘It isn’t only that we want to recruit the very best LGB employees in order to retain our position as a market leader. We know we won’t recruit the best young heterosexual staff either if their workplace doesn’t look like the wider world they now choose to inhabit.’ Frank Howells, Diversity Manager, JPMORGAN

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Business Benefits

A lesbian working in a Several of the major City of London banks — including large administrative Citigroup, JPMorgan, Credit Suisse, HSBC, Royal Bank of centre in Glasgow, Scotland, Goldman Sachs and Lehman Brothers — hold but not ‘out’ at work, was regular joint meetings of their LGBT staff. The meetings asked to sign a petition address how the banks can work together to improve the opposing government employment climate for gay people working in the City. proposals for civil partner- ships for gay people. She declined. Being the first person not to sign it, office the LGBT communities. debate hotted up on the The profitability and reputation issue making the woman of organisations increasingly feel very uncomfortable at requires them to demonstrate work. She eventually took corporate social responsibility. three days off sick until the A commitment to social topic had passed over but responsibility can also draw in new felt unable to challenge her sources of talent from beyond an colleagues or to raise her organisation’s traditional recruiting concerns with her manager pools, and these will often include for fear of being ‘outed’. LGB people. The increased diversity that results brings innovation, and puts a business in closer touch BT encourages members of with its wider marketplace. Kaleidoscope, its LGBT network, to So in a spectrum of ways, participate in market research for positioning your organisation as BT’s marketing strategy and one that welcomes LGB customers products. This feeds into the or service users and employees, company policy to raise the profile and endeavours to meet their of BT as an employer and particular needs, clearly makes preferred supplier in the eyes of good sense.

Bass Leisure Retail spent £1.5 million on developing a gay ‘super pub’ in Brighton. Operations manager Becki Davies said: ‘Consumer research has shown us that Brighton is the second biggest market in the UK in terms of gay business. We felt it was an opportunity we couldn’t afford to miss.’

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Diversity Toolkit

Making it happen a toolkit for success

Almost every aspect of employ- law has changed and it is ment policy and practice throws unacceptable for them to up specific challenges in relation discriminate either directly or to LGB people. While experience indirectly against any colleagues, of other diversity issues, such as customers or service users on ethnicity, gender and disability, account of their sexuality. may be useful as a starting point The toolkit should not only for introducing LGB policies, there help you avoid litigation but also will be many new barriers to develop best practice people overcome in creating a truly policies so that you can reap the inclusive workplace. benefits of the legislation. Some of This chapter introduces eight these steps outlined are essential key steps to making sexual to complying with the law and orientation an everyday diversity therefore urgent. For example, if issue, alongside others such as your selection processes are not gender, race, disability and age. up to scratch and you are They cover issues such as perceived to be overlooking LGB organisational culture, recruitment, candidates in favour of less well terms and conditions, performance qualified heterosexual applicants, management and monitoring LGB candidates can now take their and evaluation. grievance to an employment At first sight, it might seem tribunal. daunting, but this toolkit has been Other steps are less urgent and designed to enable employers to will evolve over time as you build a change attitudes and behaviour culture of respect for all employees within their organisations. All your and service users, regardless of staff need to understand that the their sexual orientation.

Build a culture of respect ...... 14 Recruit and select fairly ...... 17 Tackle workplace bullying and harassment ...... 19 Review terms and conditions ...... 22 Manage performance fairly ...... 24 Establish employee networks ...... 26 Deliver to your customers ...... 29 Monitor and evaluate ...... 30

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Diversity Toolkit

Build a culture of respect

Creating a workplace culture that genuinely values people and all IBM wants motivated people working for a world class their differences is a major company. We believe our continued success depends on the challenge — and opportunity — skills and motivation of our employees. This is reflected in facing every organisation. IBM’s basic belief in ‘respect for the individual’. Our aim is to create and sustain a working environment in Recruitment, training and which individual diversity is valued and all employees are able development, succession planning, to contribute, grow and achieve their maximum potential. equal opportunities policies, IBM Human Resources Policy benefits packages, treatment of customers and service users — all of these aspects of management affect LGB staff. Employers need the workplace, alongside ethnicity, In addition, when LGB people to communicate this to their faith, gender, disability and age. are referred to in the workplace, it managers and ensure that they A survey by Social and is often in terms of a stereotyped understand how to act. Community Planning Research in image of the young, affluent, Organisations that wish to 1995 found that 64 per cent of educated gay man, rather than a promote the value and importance lesbians and gay men concealed diverse range of people. of diversity must provide leadership their sexuality from some or all of Research has shown that LGB and create a climate where their colleagues. For those who people who are out at work are everyone feels safe and does their feel they have to hide their sexual vulnerable to harassment, bullying best. On a purely practical note, orientation at work, there is the and discrimination in their careers. they must also be sure that their constant pressure of concealment. The Social and Community diversity policies specifically cover It also makes it very difficult for Planning Research study found sexual orientation. them to get support when private that 21 per cent of respondents events affect their work. had been harassed at work, four Key issues Lesbians, gay men and per cent had lost their job because In some organisations, diversity bisexuals who are out and feel of their sexuality and eight per policies are inclusive and deal able to be open about their cent said they had been refused explicitly with issues of sexual sexuality at work are often promotion. orientation. In others it is still a inaccurately stereotyped in ways taboo topic, or one that is not that are damaging to their careers, openly discussed. A major for example, as being unsuitable challenge is to make sexual to work with young people. orientation an everyday issue in

‘I work with the under-fives. Nobody at work knows I’m a lesbian. When my long-term relationship ended, I was devastated but I couldn’t talk to my colleagues about it — none of them knew I had a partner in the first place. I know they would have supported me if it had been a marriage that ended, and it would have really helped. I felt so alone.’ Nursery nurse, Wiltshire

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Diversity Toolkit

Action points are equally open to same sex Benefits Provide leadership at all levels partners and their children. Employers who create a culture • Your public statements should • Consider other ways in which where diversity is acknowledged, assume that a percentage of your you can demonstrate your and where people are truly valued, workforce and your customers commitment to putting will be more successful. They will: are lesbian, gay or bisexual. equality and diversity policies • Create role models by publicising into practice. • become employers of choice the success of any high-profile for talented people who want LGB people in your organisation. Review your equality and to work in a progressive and • Provide all your managers with diversity policy and strategy ethical workplace training and development to • To have any meaning, your • retain the best people, and use help them create a climate in policy should be clearly linked to their talents to the full which diversity, including sexual business or service outcomes. • increase job satisfaction and orientation, is valued. • It must accommodate the morale, and therefore productivity • Barclays, IBM, Manchester City changes in the law and explicitly • send powerful signals about Council and other organisations include LGB employees. being modern and forward- have appointed senior-level • It needs to be communicated to looking, and show a champions for LGB equality. managers so they understand determination not to allow old- Explore whether there is the nature and importance of fashioned prejudice and someone who could do this for issues that affect LGB employees. discrimination to undermine your organisation. They don’t effective performance. have to be lesbian, gay or bisexual themselves.

Create a climate where everyone can be themselves and feel safe Barclays has developed a vision of Equality & Diversity, Think about how you show • which has been agreed and publicly signed by the executive that you respect minority committee. Five task forces, including one on sexual employees and what more you orientation, have been set up to work with business areas to could do to publicise a message remove barriers. An extensive training programme has been of openness, trust and equality. planned, which begins with foundation workshops led by Training is a valuable tool in • managers throughout the company. raising awareness of LGB issues in the workplace, and should All employees at Nationwide are encouraged to develop be aimed at all staff. Reinforce diversity awareness skills. They do this through a mix of formal the message to all staff that and informal training and development. they do not need to tolerate harassment, bullying or unfair In 2001, Barclays launched its ‘success through inclusion’ policy. treatment of any kind. All members of Barclays’ executive committee signed an Revisit your grievance • equality and diversity charter. Gary Hoffman, then chief procedures and ensure there are executive of Barclaycard and now Group Vice Chairman, was mechanisms in place to deal appointed senior champion for sexual orientation. effectively with any problems arising from unfair treatment. • Make it clear that social events involving partners and children

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Diversity Toolkit

Recruit and select fairly

People are a vital resource for organisation to send out a fair, related to the job, and applied high performing organisations. message about what it values consistently. However, the criteria Recruiting and retaining the both in its staff and in its are only as fair as the managers best people from the widest customers. who apply them. Providing possible field is key to building training for those involved in competitive advantage. Key issues designing the selection process, Recruiters may have stereotyped shortlisting, interviewing and Staff selection is an obvious area notions of what LGB people are decision-making is crucial to where unfair discrimination can good at or not so good at, and recruiting fairly. occur, and has long been an issue these affect their decisions. Some for those concerned with race, may believe LGB people will not fit Action points gender and disability equality. in. Others simply do not want to Let LGB people know they are Many organisations will already appoint people they know or think welcome to apply have a policy and set of procedures, are LGB, especially to customer- • Find out if the make-up of your plus training, in place to support facing roles. workforce reflects your customer those involved in recruitment and Excellent potential applicants base or the communities you selection. These can be adapted to may not bother to apply for jobs serve. Consider how it would ensure they address the challenges in organisations they, rightly or help the organisation if it did. LGB people often face in wrongly, believe to be intolerant of • Think about how and where advancing their careers. LGB people. Research indicates you advertise vacancies. Have you However, there is much more organisations get a better field of used the recruitment sections of to the recruitment and selection applicants if they include positive specifically LGB media, such as process than appointing an and inclusive statements in their www..co.uk or the individual to a job. With each job advertising literature, and the Pink Paper? advertisement, the organisation is material they send to applicants. A • Look also at the language you potentially communicating with a Greater Manchester Police use. Is it unwittingly discouraging huge audience. advertising campaign targeting LGB people from applying? How inquirers, applicants and LGB people not only encouraged • Recruitment advertising and candidates are treated will give rise people to apply, it also sent a clear literature are part of your image to a network of talk about the signal to other staff and the wider building work. They should organisation. Every time an public about the changing culture include any LGB initiatives you organisation appoints an LGB and leadership of the force. have taken, such as extending person, other high calibre candidates A key feature of the guidance benefits to same sex partners will be encouraged to apply. that accompanies the race, gender and establishing employee The entire process is therefore a and disability equality legislation is networks. unique opportunity for an that selection criteria should be

‘Over the years, I’ve done a lot of voluntary work for a lesbian organisation. But I only put it in a job application if an employer mentions gay people in their equal opportunities policy, because otherwise you just don’t know what the reaction will be at the other end. Of course, that means that some employers never get to see the full range of my experience.’ Naomi, 53

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Diversity Toolkit

• You can raise your profile with LGB jobseekers through JPMorgan undertook a recruitment campaign targeting LGBT sponsorship of LGB community university networks. This included sponsoring a gay-friendly events or jobfairs, through careers booklet for Oxford University students. advertising your products or services in the LGB media, and by using LGB-aware images or words in mainstream advertising. Make the recruitment process • Set up a system so that staff • Always include your equality transparent know what to do if they think a and diversity policy in the • Candidates who have recruiter or interviewer has information you send out to encountered discrimination in made a prejudiced remark, or a applicants. the past will find it reassuring if decision based on sexual you are open about your orientation rather than a Have clear, inclusive recruitment recruitment process. candidate’s ability to do the job. policies and procedures • Keep a record of each stage of • Adapt your recruitment and the recruitment process so that Benefits selection procedures to candidates and anyone else Employers who recruit using accommodate the requirements involved can see that you have objective, measurable criteria will: of the 2003 legislation on dealt fairly with all applicants. • have a wider choice of applicants sexual orientation. • Be ready to deal promptly with • minimise staff turnover and • Where possible, take advice any complaints from candidates associated costs — because the from LGB staff to help you about their treatment during right people will be appointed make sure policies and the selection process. to the right jobs procedures are inclusive and • make the best use of the most effective. Train the decision-makers talented people • Adding monitoring of sexual • Interviewers and recruiters need to • secure competitive advantage orientation to that of other understand the selection criteria in areas of skills shortage employee groups in the and apply them consistently. • avoid the costs of litigation. recruitment process sends out • Make sure recruiters are not a positive message to making unfounded assumptions potential LGB staff, whereas based on and omitting sexual orientation prejudices about particular from a monitoring form can groups. They should also send out a negative message understand that prejudice may that your organisation does have limited a candidate’s not prioritise workplace opportunities to develop in equality for LGB people. previous jobs.

‘The interview was a sobering experience. As a 40-year-old single man, who would I bring to a product launch? Was I a member of any clubs? Where would I take a client for dinner? They never said that, as a gay man, without a wife or children, I did not fit the bill, but I certainly got the message.’ CHARTERED INSTITUTE OF PERSONNEL AND DEVELOPMENT, survey of recruitment consultants

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Diversity Toolkit

Tackle workplace bullying and harassment

Anti-gay harassment is In a survey of university Action list demotivating and unlawful. It teachers, 41 per cent of lesbians Explain to staff why harassing can take the form of being reported harassment, compared people because of their sexuality ignored or excluded; physically with 30 per cent of heterosexual is unacceptable or verbally abused; outed as women, 27 per cent of gay men, • Adapt your existing harassment gay; or made the subject of and 19 per cent of heterosexual policy to make it LGB inclusive. jokes and offensive remarks. men. No lesbian reported that • Make specific references to Extreme cases involve violence, action was taken in consequence. harassment in your induction forced resignation or unfair In contrast, 57 per cent of programme. dismissal. heterosexual women suffering • Provide clear definitions of harassment reported this to the harassment and examples of A generally hostile environment authorities, and 49 per cent of unacceptable behaviour, can be a form of harassment, even these reports led to action. including anti-gay bullying and where actions and comments are harassment. not apparently aimed at individuals. Key issues • Ensure that managers As harassment is under- Many people are frightened to understand their duties in reported, the true scale of the complain because they believe preventing and tackling bullying problem is unknown. As more and their complaints will not be taken and harassment, including more employers tackle the issue, seriously or they will end up taking respecting confidentiality. Those however, evidence is emerging the blame. An added complication in positions of responsibility that anti-gay harassment is all too for many LGB staff is that making should be equipped to protect common. a complaint would force them to their LGB staff, and should not LGB people who are black or come out as gay, possibly leading be allowed to ignore or disabled may have experience of to further harassment. condone discrimination. different kinds of harassment, and Because most LGB employees • To be credible, any initiative there is some evidence that lesbians are not completely out about their designed to prevent anti-gay face a disproportionate amount of sexual orientation at work, they bullying and harassment needs sexual harassment at work. are particularly vulnerable to to be endorsed and validated ‘canteen culture’ harassment — by senior staff. homophobic comments made in the course of conversation but without the intention of causing offence. Such comments are often made in the belief that everyone in the immediate audience will be sympathetic to them.

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Diversity Toolkit

Make it easy for people to report a problem Barclays has distributed a pamphlet called Sexual Orientation to Bullies are often more senior • all staff. It outlines harassment and grievance procedures, than those they harass. Staff giving contact details for those wanting more information. who feel that they have been harassed need several routes for making complaints, for example, through Personnel or • By monitoring the nature of the staff association. Shirley Pearce, a lesbian, complaints and collecting the • Staff who complain they have was employed as a science data you should be able to been bullied for being gay may teacher at Mayfield press for deeper cultural want to keep this information Secondary School in changes within your confidential. You should Portsmouth from 1975. organisation. support them in this. From 1992, she regularly • Informal resolution is experienced homophobic Benefits preferable, as far as possible, to taunts and abuse by Organisations that tackle engaging in formal grievance pupils. She reported this, harassment and bullying, procedures, but an organisation but the abuse continued. including that specifically must actively demonstrate that In November 1994, Ms directed at LGB staff: anti-gay discrimination, bullying Pearce took sick leave, • increase the effectiveness and and harassment will be taken informing the school that productivity of staff, through seriously at this informal stage. she had become ill with reduced sick leave, improved • Speedy and effective action stress because it was not retention and greater will enhance your reputation taking effective action to commitment for fairness. protect and support her. • demonstrate leadership in The head teacher told her dealing with challenging issues Monitor complaints and to ‘grit your teeth’, and • minimise the likelihood of review policy when Ms Pearce returned damaging litigation and bad • Be prepared for an initial rise in to work the harassment publicity. complaints when you introduce began again. It was a policy to include LGB people. suggested that Ms Pearce You need to know who’s going either look for another job to investigate complaints and or join the supply list. Ms who’s going to support the Pearce became sick again complainant. in May 1995 and took • Managers are responsible for early retirement on health building a climate in which grounds a year later. harassment and bullying are not tolerated and do not happen. They need to be trained in procedures for monitoring and reviewing incidents. ‘I am constantly ridiculed and belittled by colleagues who view it as teasing and good natured.’ Respondent to Stonewall Cymru survey 2003

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Diversity Toolkit

Review terms and conditions

Benefits and conditions are important motivators for employees. Yet LGB people do HMRC re-wrote its paternity leave policy so that lesbians are not always enjoy terms and entitled to paid leave if their partner has a baby. conditions of employment equal to those of their Ford has reviewed its policy areas relating to sexual orientation. heterosexual colleagues. Changes made include pensions, medical benefits, 12 months maternity cover and provision of partner insurance for Key issues company cars. In the past, anyone with a same- sex partner was likely to be American Express operates a group medical aid scheme where excluded from many workplace eligible employees are automatically covered for single cover at no benefits. These included pensions, cost. Employees can purchase additional cover for partners, leave arrangements, health including same-sex partners, and/or dependent children. insurance, travel concessions for employees and their partners, and relocation allowances. Employers are now obliged to treat lesbian or partnership in the same way as Action points gay staff who are in a civil married people. To be sure that Make sure your policies are you don’t fall foul of the law, it is explicitly inclusive advisable to offer exactly the same • A menu of benefits will terms and conditions to both acknowledge the different straight and gay staff. requirements and lifestyles of all Leave, for bereavement or employees. Many employers family emergencies, is designed to already recognise this as good help employees balance their work practice when it comes to and home commitments so that recruiting, retaining and they can be more effective in the motivating key staff. long-term. A policy that excludes • Your policies should state that leave for same-sex partners can the following are available to cause considerable personal trauma same-sex partners or nominees and lead to discrimination claims. of the employee’s choice:

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Diversity Toolkit

• bereavement leave Choose the best suppliers • parental leave and adoptive • Use a pension company that is parental leave committed to equal treatment • relocation allowances of same-sex partners. Norwich • carer’s leave Union, Scottish Widows and • travel benefits Standard Life are among those • discounts on the company’s who have pledged this. or other services • Seek advice from an • private healthcare. independent financial adviser specialising in same-sex Make your communications relationships on life insurance inclusive and health insurance. • Include same-sex employees in any oral or written examples Benefits you use to explain to staff the Ensuring your terms and conditions benefits of your reward package. are fair to LGB people means: • People who are responsible for • All employees are rewarded giving staff information about fairly for their contribution their terms and conditions need to: • Employers get more value from • tell inquirers the policies extend their benefits package by to same-sex partners or other maximising staff motivation nominees if applicable from their reward package • talk about partners or • The organisation becomes an nominees rather than employer of choice, helping to husbands, wives and spouses attract the best recruits • understand the need for • Focusing on best practice confidentiality in relation to makes compliance with nominated beneficiaries of legislation more likely. perks and policies.

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Diversity Toolkit

Manage performance fairly

Managing people properly, openly and with respect is increasingly being linked with Since 2000, the Scottish Police Service has been implementing high performance in businesses. the National Equal Opportunities Training Scheme (NEOTS), LGB organisations such as which provides practical diversity management skills and Stonewall have ample understanding to uniformed and civilian staff at all levels. evidence that LGB people are Recognition of the need for sensitivity around sexual not always treated fairly at orientation has lead to the use of ‘interfaces’ — real people work, for example by being sharing their lives and experiences with trainees. These passed over for promotion, personal interactions have contributed significantly to disciplined unfairly or even reducing stereotypical assumptions and prejudice and helped dismissed for no good reason. trainees understand the reality of people’s lives. This is now illegal.

Key issues Organisations have many different Both lesbians and gay men They may not notice that they are ways of managing performance, (but especially gay men) are disregarded by colleagues or badly from informal chats to elaborate wrongly considered by some to be treated by customers, let alone systems of appraisal by unsuitable to work with children. harassed by neighbours or stakeholders, customers and peers In addition, LGB people can be excluded by their families in ways as well as managers. subject to unspoken assumptions that affect their work. However, people often have that they cannot be trusted to stereotyped notions of what LGB represent the organisation to the Action points people are good or not so good public or to high-profile customers. Create the right climate at, and therefore which jobs or LGB people often find they are • All the information you give to assignments are suitable for them. described as not being team employees should reinforce the For example, gay men are often players. This can arise because message that decisions about clustered in caring or artistic roles they are unable to be entirely recruitment, promotion, rewards while ‘out’ lesbians may be open about their personal or social and redundancy are based on considered aggressive and lives at work. merit and competence. therefore unsuitable for jobs In addition, managers can fail requiring tact. to spot and its effects on LGB people’s performance.

‘I have been regarded as ‘unsafe’ and cannot get work as a midwife in South Wales because all the heads of midwifery know I am gay’ Respondent to Stonewall Cymru survey 2003

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Diversity Toolkit

• Develop sets of competencies • All employees should know Benefits to cover the skills and abilities how the performance manage- A performance management different roles in the ment system works. Managers process that addresses LGB organisation require. You will especially need to be able to discrimination will: then build a culture based on identify any bias in the way • enable LGB staff and their how people perform rather they might make judgements managers to address the full than who they are and where about people. Training should range of issues that may affect they come from. explicitly include: their performance • Understanding diversity and • examples of the way • provide a model of good equal opportunities issues homophobia can be practice for addressing all should be built into your disguised aspects of discrimination management development. • common misconceptions • enable organisations to This will provide managers with that are applied to LGB maximise the performance of the skills to use their discretion people, particularly with all staff. wisely and fairly. Diversity reference to different types awareness could become one of work of their key competencies. • examples of the ways in which managers’ discretion Develop formal performance might disadvantage people management systems from various groups, • Performance management including LGB people. systems should cover the way you review employees’ Monitor and review policies performance, how you help Good performance management them develop their skills and practices will include some form access to training and of monitoring so employers can promotion. review whether or not: • By using a system based on • best practice procedures competencies for each job, you were followed will enable managers to make • decisions were based on fair and consistent decisions firm evidence based solely on employees’ • penalties and rewards were performance. proportionate to performance.

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Diversity Toolkit

Establish employee networks

Employee networks — forums for staff who share one or more aspects of their identity Gay and Lesbian Employees at JPMorgan (GLEAM), has had — are becoming more popular. a great deal of involvement in the firm’s recruitment efforts Increasingly, they are funded and the extension of workplace benefits to same-sex partners. and promoted by employers, Since the merger between JPMorgan and Chase in January rather than operating informally, 2001, the network has been known as Pride and includes as employers appreciate the bisexual and transgender staff. benefits they can bring to the whole organisation. Greater Manchester Police’s focus group for LGB staff offers a confidential voicemail to make contact and receive Networks for women and ethnic information. The group is part of the force’s Equality Issues minority staff have proved Group, chaired by the Assistant Chief Constable. successful across the public, private and voluntary sectors and often provide useful lessons on how best to establish a network Key issues Action points for LGB employees, as do existing Many workplace cultures assume Establish the network in LGB networks. everyone is heterosexual. Due to consultation with LGB staff Establishing employee networks fear of prejudice, most LGB • Contact and consultation with demonstrates your commitment employees are not completely out LGB staff can be managed in to diversity in the workplace. It about their sexual orientation to several ways, including: tells staff that the organisation colleagues and many believe they • anonymous surveys values all its people, and are alone in their workplace. In • consultation through staff recognises the need to bring larger organisations, LGB associations or trade unions together staff who may feel employees may be based in • using a third party isolated or vulnerable. Networks different offices and regions. organisation such as can provide a safer and more This can make it difficult for Stonewall. supportive working environment. LGB employees to identify each • Discuss a range of practical In addition it can give the other, create informal connections, issues with staff, such as employer a valuable mechanism find support and address any • What role should the network for consulting LGB employees difficulties. However, LGB have? The network should about employment practices and employees may wish to participate have a clear business-related customer service, and also ways to in a network without being outed purpose, encompassing, for engage with LGB clients, as gay as a result. They need to be example, contributing to the customers and potential recruits. confident that joining or organisation’s inclusion and contacting a network is safe. diversity agenda and

‘Until the network was set up, I thought I was the only lesbian working in the bank.’ Female bank worker, Lincolnshire

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Diversity Toolkit

• Communicate its successes to all staff. Barclays launched its LGBT employee support network, Don’t forget to publicise the Spectrum, in January 2002. Over 170 employees travelled from • network externally, for example, all over the country to attend the launch event, which was held in the HR and professional in central London. Travel costs for staff who attended were press, LGB titles such as paid in exactly the same way they would have been had staff www.pinknews.co.uk or the attended a meeting of another employee network. Pink Paper and trade union publications.

improving the work environ- Ensure leaders of the organisation Monitor and review the network ment for LGB employees promote the network • Having established some • When and where will • Ask high-profile, senior objectives for the network, meetings take place? Should managers to champion the work out how you are going to they be regional or national, network. They don’t have to be measure its performance. during work or leisure time? lesbian, gay or bisexual, but they • Don’t ignore the rest of the • Deciding on whether the will need to buy into the idea of workforce — monitor their membership should be a LGB network. By talking perceptions of the network and exclusive to LGB staff, or confidently and comfortably its value to the organisation. open to all staff with an about LGB issues, they can make interest in LGB issues. clear this is a business matter, Benefits • If you are a unionised not a taboo or private issue. An LGB employee network can: organisation, should you • Be prepared for negative • challenge the invisibility of LGB involve the trade union? reactions from other staff who staff and issues • Find ways to encourage a may feel left out. You must be • give LGB staff a forum for wide range of participants. able to explain how the network sharing experiences benefits the whole organisation. • allow organisations to tap into Connect the network to the • Provide a range of ways for the specific experience and rest of the organisation and staff to communicate with the knowledge of LGB staff other networks network, guaranteeing • help LGB staff to come out and • Consider the network’s purpose confidentiality or anonymity other employees to appreciate and responsibilities. if required. the diversity of the organisation. • Make sure the network is adequately resourced. It needs Publicise the network both sufficient time and money to internally and externally fulfil its aims and objectives. • Make sure all staff know about • Think about how you can link the network, why it exists, who your LGB network with other can join and how. If you have employee groups. Together they your senior team behind the can deal with common issues idea, then make sure staff and challenges that emerge. know that too.

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Diversity Toolkit

Deliver to your customers

LGB people are likely to be The goods and services discrimination on the basis of consumers of your goods and legislation applies to both the sexual orientation is illegal. services as well as your private and public sectors and • Staff should be aware of the employees. New laws outlaws discrimination in access specific needs of LGB customers introduced in April 2007 make and provision of goods and and service users. it illegal to discriminate against services. See The Law in Detail • They should also be schooled to someone when providing them section for further information. ask questions in a way that does with goods or services because not assume heterosexuality. of their sexual orientation. Action points Show you recognise your LGB Consult your customers Key issues customers and service users and • Encourage LGB customers or The last 15 years have seen an make sure you are not breaking service users to make their increase in services aimed the law by discriminating requirements known. specifically at the LGB community against them • Monitor how members of the including leisure, household • Audit your policies and LGB communities perceive your services, legal and financial services. procedures for provision of goods and services. Many LGB people still do not goods, facilities and services to always feel confident of getting a make sure they do not Benefits good service from mainstream discriminate, either directly or Organisations that address the companies. Many members of the indirectly, on the grounds of needs of LGB customers and LGB community will support sexual orientation. service users will: companies they perceive as • Revisit the public statements • attract the full range of responsive to their needs. you make about your goods potential customers, including There are also many public and services to ensure they groups with high levels of services that provide LGB people recognise the diversity of the disposable income with a more limited choice. people who use your services. • develop consultation A survey reported in Nursing Times • Advertising counts. Images mechanisms that can be used (1994) found that 10 per cent of used in publicity materials send with other customer groups nurses believed gay men with HIV a powerful message, so use • create a modern and positive ‘deserved it’. Ten per cent were same-sex couples if you can. image of themselves ‘less tolerant’ of gay men. • avoid legal cases brought by Research by Beyond Barriers Train customer-facing staff LGB people who have been into the healthcare needs of LGBT • Customer service training should unfairly discriminated against in people in Scotland found that deal explicitly with the fact that this area. more than a third had not even a proportion of customers or declared their sexual orientation or service users will be LGB, and gender identity to their GPs. should make staff aware that

‘Age Concern is committed to helping all older people lead a more fulfilling later life. Older people are a diverse group and lesbians and gay men are part of that diversity.’ Gordon Lishman, Director General, AGE CONCERN ENGLAND

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Diversity Toolkit

Monitor and evaluate

Monitoring and evaluation are central to ensuring any activity At Nacro, the crime reduction charity, the annual Equality and is successful. They are the Diversity Audit asks employees to identify their sexual orientation. means of checking whether an It also asks employees to comment on the organisation’s diversity organisation’s diversity policy is and inclusion policies and initiatives. In the first Audit in 2000, being implemented effectively. employees established the need for an LGB employee network, They provide valuable which was duly set up. This has had a positive impact on staff management data, which can morale, as well as the organisation’s reputation and recruitment. assist the organisation in making the right strategic and As part of its commitment to a robust equal opportunities policy operational decisions to ensure the Scottish Parliament introduced monitoring on sexual it employs and retains a skilled orientation and gender identity alongside other personal and diverse workforce. characteristics. Clear communication explained why such data was needed and how it would be used. Monitoring also sends out a strong signal to staff that an organisation takes the achievement of diversity goals seriously, and this is especially Key issues confidence in the process among true for sexual orientation. Sexual orientation monitoring will LGB employees. Monitoring and evaluation can only work if senior staff support There are different degrees of show whether LGB employees: the initiative and if a clear business monitoring, and it can be a good • are employed in numbers that case for collecting the data is idea to start with anonymous reflect the local/national communicated to staff. Sexual monitoring in staff attitude surveys population orientation monitoring is not and monitoring at recruitment • apply for promotion at the same appropriate for an organisation and promotion to build familiarity rate as all other employees which has not previously engaged with sexual orientation • are recruited or selected for with LGB staff or developed monitoring, before introducing it training in proportionate initiatives to eradicate homophobia as part of the formal HR recording numbers from the workplace. process for all staff. • are being harassed or bullied at Consultation with key Monitoring of diversity takes work because of their sexuality stakeholders should take place time to bed down in an • are concentrated in certain before monitoring is introduced. organisation. It will take several jobs, sections or departments LGB staff or the network group can years before monitoring • think the organisation’s play a vital role in communicating information on sexual orientation procedures and culture are new monitoring procedures to the gives something close to a reliable supportive. wider organisation and building picture. Staffordshire Police

‘In many organisations, what does not get monitored does not matter.’ Equal Opportunities Review, 1999

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Diversity Toolkit

Forms should avoid the use the word ‘gender’ rather than suggestion that heterosexuality is ‘sex’ on forms. JPMorgan experienced the expected norm and that being some objections from a lesbian, gay or bisexual is unusual Action points minority of staff when and they should use commonly Build senior support for the sexual orientation was • understood language. Stonewall rationale behind sexual introduced into the firm’s research suggests that the orientation monitoring equalities monitoring and question is best phrased in the Consult with LGB staff and diversity agenda. • following way: ensure they have confidence in In response, the CEO the process publicly championed What is your sexual orientation? Ensure that communication to diversity and inclusion, • Bisexual staff on LGB workplace equality including LGB colleagues. • Gay man is consistent and authoritative, He made it clear that while • Gay woman/lesbian and that monitoring is seen as people have a right to • Heterosexual/straight a logical part of the their beliefs, hostility • Other organisation’s diversity strategy towards others on the • Prefer not to say Introduce monitoring in stages basis of those beliefs will • • if appropriate, and have realistic not be tolerated. Being transgender is not an expectations in the early years issue of sexuality but one of gender. • Communicate the results of Guidance on the 2001 National surveys and actions you will introduced sexual orientation Census stated that transgender take as a result, to maintain monitoring for all staff in 2001: people could tick the gender they engagement of employees initially 3% of staff self-reported as felt described them, irrespective of LGB, which increased to 6% in the sex on their birth certificate. It Benefits 2005 and 8% by 2007. may therefore be more inclusive to Organisations that monitor effectively: • can measure the success of specific initiatives Nottinghamshire County Council asks staff, through an send a message that their LGB anonymous equality and diversity survey, if they are out at • employees are valued work. In the survey’s first year, 30 per cent of LGB staff were can identify and communicate not out at all in the workplace, 38 per cent were out selectively • improvements in the position and 33 per cent were out completely. The next year, the of LGB employees. number of staff who were out at work increased: 26 per cent were not out at all, 38 per cent were out selectively and 37 per cent were out completely. This demonstrates that the council’s changes to policies and procedures are having a positive impact on LGB employees.

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Law in Action The Law in detail

The Employment Equality (Sexual Orientation) Regulations 2003 make it unlawful to discriminate in employment or training on grounds of sexual orientation. The Civil Partnership Act entitles same-sex couples to legal recognition of their relationships. The Equality Act (Sexual Orientation) Regulations 2007 outlaw discrimination on grounds of sexual orientation in the provision of goods and services. This is a practical guide to what the legislation means.

The Employment Equality (Sexual Orientation) Definitions Regulations 2003 Everyone has a sexual orientation and a gender, but these These regulations make it unlawful terms are sometimes confused. to discriminate in employment or Sexual orientation describes who we are sexually attracted training on grounds of sexual to. We may be orientation. Heterosexual or straight: attracted to others of the • What does the opposite gender legislation cover? Lesbian (women) gay (men): attracted to others of the • The new regulations apply to all same gender aspects of employment and Bisexual: attracted to others of either the opposite or the • training, including recruitment, same gender. promotion, terms and conditions Gender describes our identity as a woman or a man. For (including pay) and dismissals. most people, this coincides with the biological sex ascribed at It defines three types of birth, and how others perceive them. For transgender people, discrimination: direct, indirect and their internal sense of identity is different from the sex harassment. ascribed at birth and how others perceive them. Because Direct discrimination is where gender and sexuality are not the same thing, someone who is one person is treated less favourably transgender may be straight, lesbian, gay or bisexual. than another person is treated, Transgender people are already protected under the Sex has been treated or would be Discrimination Act Regulations of 1999, in terms of employment. treated in a comparable situation A transgender person is said to be going through transition on grounds of sexual orientation. when they move from living as a member of their assigned Indirect discrimination is where gender to living in their 'true' gender. They may or may not choose a policy or practice is applied which to have hormone treatment and/or surgery as part of this.

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Law in Action

disadvantages people of a particular However, the Regulations make employment tribunal that an sexual orientation unless it can be it unlawful for an employer to opposite sex couple would have objectively justified. It is defined provide employment-related been treated differently (or was more broadly in these regulations benefits to unmarried opposite-sex treated differently), the tribunal than in current race discrimination partners but deny them to same-sex would be bound to conclude that law and there is no requirement to partners not in a civil partnership. this was sexual orientation demonstrate the disadvantages discrimination. through statistics. What does sexual Harassment is defined as orientation mean? What is direct discrimination? unwanted conduct which takes Regulation 2(1) defines sexual Regulation 3(1)(a) defines direct place with the purpose or effect of orientation as meaning a sexual discrimination as occurring where violating the dignity of a person orientation towards ‘persons of a person is treated less favourably and of creating an intimidating, the same sex, persons of the on grounds of sexual orientation. hostile, degrading, humiliating or opposite sex, or persons of the For example it is unlawful to offensive environment. same sex and of the opposite sex’. decide not to employ someone, to The Regulations have been This means that it is unlawful to dismiss them, refuse to promote amended so that employers are discriminate at work against them, deny them training, give now legally obliged to treat staff people who are lesbian or gay, them adverse terms and who are in a civil partnership heterosexual, or bisexual. conditions or deny them benefits equally to those who are married, The regulations cover not only available to others of a different in a wide range of areas. So for how people ‘are’, but the conduct sexual orientation because they are example, if an employer allows they display. It will be up to or thought to be lesbian, bisexual staff who are about to be married employers to regulate the conduct or gay. time off for their wedding, it must of their employees while on duty, Direct discrimination also covers provide the same benefit to a provided that any such regulation discrimination on the grounds of member of staff about to form a is reasonable and even-handed. perceived sexual orientation, whether civil partnership. Employers should For example, take a case where the perception is correct or not. ensure that any benefits provided two shop workers of the same sex In this case, applicants will not to married people extend to those are disciplined for holding hands need to establish that they are gay in a civil partnership. in view of the customers. to bring a complaint. If someone The regulations allow for certain An employer can no longer argue has assumed them to be gay and benefits, such as survivor benefits, that it is worried what the discriminated against them as a to be conferred on civil partners and customers will think if workers are consequence, that will suffice. spouses to the exclusion of others seen to be gay. That would The wording also covers without such a status. The effect is obviously be discrimination. discrimination by association. that an individual who is neither in The defence would have to be So words such as ‘Why are you so a civil partnership nor a marriage, that any two workers holding friendly with that poof?’ could whether gay or heterosexual, hands in these circumstances constitute harassment on grounds cannot claim that such a practice would have been treated in the of sexual orientation, even if the amounts to unlawful discrimination same way. If, however, the person they are speaking to is under the Regulations. workers can persuade an heterosexual.

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Law in Action

What is indirect discrimination? brought under the new legislation Are there any circumstances Regulation 3(1)(b) prohibits indirect and is prohibited by Regulation 5. where employers can discrimination. This is where an Harassment is defined as discriminate? organisation has employment rules, conduct that has the purpose or There are two main exceptions selection criteria, policies and other effect of violating a person’s where discrimination on grounds practices in place which put people dignity or creating an intimidating, of sexual orientation may be of a particular sexual orientation, hostile, degrading, humiliating or permitted, both involving including the person who complains, offensive environment for them. occupational requirements. at a particular disadvantage when Regulation 5(2) provides that a compared with others. person’s conduct will be seen to Particular occupational Indirect discrimination is have these effects if ‘having regard requirements unlawful whether it is intentional to all the circumstances, including Regulation 7 provides two kinds of or not. However, in contrast to in particular the perception of [the exception, where sexual orientation direct discrimination, indirect complainant], it should reasonably is ‘a genuine and determining discrimination is not unlawful if it be considered as having that effect.’ occupational requirement’ and in can be shown to be justified as a the case of ‘employment for proportionate means of achieving Is unintentional purposes of an organised religion’. a real business need. harassment outlawed? Regulation 7(1) sets out the Indirect discrimination claims The fact that many lesbians and scope of these exceptions. In could arise from benefits relating gay men conceal their sexual general, where either exception to children. Lesbians and gay men orientation, often for fear of applies, it permits discrimination in can and do have children (by prejudice, renders them refusing to appoint, promote or choice, from previous heterosexual particularly vulnerable to unwitting transfer people of a particular relationships, by co-parenting or harassment. People can often sexual orientation to a particular step-parenting, or by fostering, make anti-gay remarks on the position, or in dismissing them adoption or guardianship). mistaken assumption that from that position because of their However statistically they are everyone present is heterosexual. sexual orientation. much less likely to have children than The wording of Regulation 5 But if such people are already heterosexuals. Any benefits applying makes it clear that lack of employed (whether the employer only to employees with children, for intention to offend is no defence. realises it or not) then unless and example free workplace crèches, or If the conduct has the purpose or until they are dismissed, the nursery vouchers, could be challenged effect of violating a person’s exceptions do not allow them to as indirect sexual orientation dignity, or creating an intimidating be employed on less favourable discrimination. This would be subject or offensive environment, and it is terms than others for example, to the defence of justification. reasonable for the complainant to paid less, harassed, or victimised. take offence, then it is harassment. Regulation 7(2) applies where How will the regulations affect Ignorance is no excuse. ‘having regard to the nature of harassment claims? Organisations may be held the employment or the context in Harassment on grounds of sexual responsible for the actions of their which it is carried out... being of a orientation is likely to be by far the staff as well as their staff being particular sexual orientation is a most common type of claim individually responsible. genuine and determining

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Law in Action

occupational requirement’. It must The Civil Partnership a civil partner who is treated less also be ‘proportionate’ to apply Act 2004 favourably than a married person in that requirement. Same-sex couples can now enter similar circumstances can bring a It remains to be seen in what into civil partnerships to gain legal claim of discrimination. circumstances an employer may recognition of their relationship, The amended provisions have been succeed in relying on the regulation entitling them to similar rights and effective since 5 December 2005, 7(2) exception. For example, the responsibilities as those of the date the Civil Partnership Act proposition that heterosexuality married couples. came into force. was a genuine occupational In practice this means that if an requirement for serving in the What does the employer offers a benefits package armed forces was robustly rejected legislation cover? — such as private health care or by the European Court of Human The Civil Partnership Act came into gym membership — which is Rights and the ban on lesbian and force in December 2005, creating available to the spouse of an gay people was overturned, after a a new legal relationship of civil employee, it should also be available case taken by Stonewall. partnership for couples who to an employee’s civil partner. Regulation 7(3) permits choose to register. As well as The regulations have also been ‘organised religion’ employers to providing important rights, civil amended to make clear that more apply a requirement relating to partnership also allows them to favourable benefits, such as pension sexual orientation ‘so as to comply demonstrate their commitment to survivor benefits, can legally be with the doctrines of the religion’, each other. Civil partners are conferred on civil partners and or ‘to avoid conflicting with the treated equally to married couples married people to the exclusion of strongly held religious convictions across a wide range of areas. others who do not have such a of a significant number of the These include status. The Civil Partnership Act religion’s followers’. allows for one partner to leave a The High Court has agreed • Tax, including inheritance tax pension to their surviving civil with the government and ruled • State and occupational benefits partner in the event of their death. that the exception in regulation • Income related benefits, tax Some employers already have 7(3) requires a very high standard credits and child support benefits packages which are to apply and is very narrow in its • Employment benefits available to unmarried opposite- scope. It would not cover, for sex partners and same-sex partners example, teachers in a faith school What do employers need of employees, but if there are as their sexual orientation would to know? additional benefits available to be of no relevance to their job. The essential point for employers is married employees, such as time The exact limits of the exception straightforward: treat staff who off before or after a wedding, will no doubt have to be tested in are civil partners in exactly the similar benefits should be provided more detail by employment same manner as you treat staff for civil partners. tribunals or the courts. who are married. Employers are legally required to do this. The Employment Equality (Sexual Orientation) Regulations 2003 have been amended so that

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Law in Action

Equality Act to let a flat to a lesbian couple discrimination on grounds of their (Sexual Orientation) because of their sexual orientation. race, gender and disability. Regulations 2007 Direct discrimination also covers Organisations should audit their The sexual orientation regulations discrimination on grounds of activities, particularly customer outlaw discrimination on grounds perceived sexual orientation, whether facing services, to ensure of sexual orientation in the provision the perception is, in reality, correct or compliance with the new of goods, facilities and services. not. For example, a plumber refuses legislation. Think about your to work in the flat of a man who he outward facing activities, such as What does the believes to be, but is not in fact, gay how you provide services and offer legislation cover? — the new laws make this unlawful. goods and products. For example, The new Regulations apply to the Indirect discrimination occurs if you ask customers to indicate provision of goods, facilities and where a provision, criterion or their marital status on application services and the exercise of public practice which is applied generally, forms or on your website, make functions. They cover both the puts a person of a particular sexual sure you include civil partnership private and public sectors. orientation at a disadvantage as as an option. In conducting the The Regulations cover a wide compared to some or all persons audit, organisations should bear in range of areas from housing, who are not of that orientation mind that discrimination can be healthcare and education in the and cannot be shown to be a unintentional rather than public sector, to advertising, the proportionate means of achieving deliberate, and indirect rather provision of financial services and a legitimate aim. than direct. accommodation in a hotel or Indirect discrimination is more You may find that you don’t similar establishment in the private complex and often not as obvious need to take any action as you’re sector. There is widespread as direct discrimination. An example already complying with the law. evidence of LGB people encounter- could be the provision of special You should inform your staff ing discrimination in these areas. commercial terms for newly-wed about the laws so they understand The laws came into effect in Great married couples only, as this would what they mean. Lesbian and gay Britain on 30 April 2007. exclude civil partners. customers and service users should The Sexual Orientation be treated the same as everyone Regulations 2007 make two key What do employers need else. If you offer perks, such as kinds of discrimination unlawful: to know? reduced gym rates for partners, direct discrimination and indirect The key point for employers is that they should apply to gay couples discrimination. Victimisation is these new laws should be seen as too. Give your staff training so also covered. an extension of what you currently they know what to do. Direct discrimination takes place do for your staff. Just as the 2003 when a person, on grounds of Employment Regulations ensure What does sexual sexual orientation (or perceived that your gay and straight orientation mean? sexual orientation), treats another employees are treated equally, As in other legislation, sexual person less favourably than he these laws extend that protection orientation is defined as an treats or would treat others. to your customers and service individual’s sexual orientation For example, it would be direct users. Similar laws already protect towards people of the same sex as discrimination if a landlord refuses customers and service users from him or her (gay or lesbian), people

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Law in Action

of the opposite sex (heterosexual) At that point the rights of lesbian, insurers should not ask about or people of both sexes (bisexual). gay and bisexual people to have sexual orientation or any HIV This has the effect that the equal access to those services negative tests, but instead base protection against discrimination comes to the fore. their assessment of risk on answers applies to everyone, whether they provided about actual behaviour, are lesbians, gay men, Adoption agencies regardless of sexual orientation. heterosexuals or bisexuals. Religious adoption agencies have The laws apply if discrimination been given until the end of 2008 Separate services occurs on grounds of the sexual to adapt their practices in order to The regulations include an orientation of the person being comply with the new legislation. exemption to allow services to be less favourably treated or on the During this transitional period, provided separately for different grounds of the sexual orientation religious adoption agencies who groups on the basis of their sexual of any other person. So for wish to restrict the provision of orientation, where this is the best example, if a business refuses to their services or facilities to a way to meet a specific need facing serve a man who is heterosexual person on the grounds of sexual people of a particular sexual because he is accompanied by a orientation have a duty to refer orientation (which may result from gay man, this would be them to another adoption agency discrimination or disadvantage). discrimination. who would provide such services For example, to address the low to persons of that sexual orientation. take-up of mainstream sexual health services among gay men. Are there any exemptions? Insurance The regulations include an Charities Religious organisations exemption that will have the same The regulations include an exemption The Regulations provide an effect in relation to insurance as for charities whose charitable exemption for religion or belief provisions in the Sex Discrimination instrument explicitly specifies a organisations, where this is Act and regulations made under beneficiary group on the basis of necessary to avoid conflicting the Disability Discrimination Act. sexual orientation. For example, either with the doctrine of the The Government has stated its the charity Broken Rainbow organisation, or the strongly held intention that this particular provides support for lesbian, gay, beliefs of a significant number of a exemption will not apply beyond bisexual and transsexual victims of religion’s followers. This will protect the end of 2008. domestic violence. practices that arise from basic Leaving aside this limited doctrines of faith — for example exemption, insurance companies Private Member Clubs religious blessings for newly-weds. will have to comply with the Private members clubs will be However, it will not be possible Regulations, so prejudice against required to comply with the for a religious organisation to gay people will not be a reason for regulations, except in cases where qualify for the exemption where charging someone an extortionate sexual orientation is specifically they are operating on a commercial premium for their mortgage linked to the club’s purpose. basis or providing services to the insurance. The latest industry For example, to provide social community on behalf of and under guidance by the Association of activities for gay men in a contract with a public authority. British Insurers makes clear that supportive environment.

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Resources

Sample Diversity Policy

Nationwide Building Society • To work in a healthy and safe Nationwide is committed to environment free from hazards. monitoring the effectiveness of its Nationwide and the Nationwide •To access opportunities for diversity policy through the Group Staff Union (NGSU) are training and development to Diversity and Equality of committed to promoting a enable you to develop your full Opportunity Committee (DEOC). supportive and inclusive culture for potential. The DEOC is led by the deputy all our employees, members and • To be supported in balancing chief executive officer endorsed by third party business partners. By your work and home life the Board, and comprises integrating individual strengths, commitments and to have your executive managers/diversity Nationwide will maximise request considered objectively champions drawn from across the efficiency and creativity, put in line with business needs. business and the NGSU. members first and deliver greater • To be treated with dignity and Nationwide supports its member value. respect in a fair and consistent diversity policy by providing further As an employee of Nationwide manner in an environment information to staff through its you can expect where inappropriate behaviour staff manual and a range of sites is not acceptable. on the company Intranet. These • To be treated fairly and without include sites covering training and discrimination during your Nationwide and the NGSU are development, work-life balance employment with Nationwide, committed to promoting equality and pay and benefits. commencing with the for all. If you believe you have been recruitment process, and having subject to discrimination in access to secondments and employment which is in direct promotions based on merit. conflict with our commitment to • To be fairly appraised and equality of opportunity, you should rewarded for your personal consider raising this with your line contribution to the business, manager or trying to resolve it taking into account internal yourself. Alternatively, consider and external comparisons and registering a complaint through affordability. the agreed grievance procedure. As an employee of Nationwide you also have a responsibility to treat others with dignity and respect. If you have been found to have acted in a deliberately discriminatory manner, appropriate disciplinary procedures will apply.

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Resources

Stonewall Diversity Champions people perform better when they can be themselves

Stonewall’s Diversity Champions • Dedicated online access to What employers say about programme for employers is the Stonewall Diversity Champions Stonewall Diversity Champions UK’s leading good practice forum on Members Only pages as well as sexual orientation issues and diversity regular updates by e-bulletin. ‘I greatly value IBM’s participation in the workplace. It provides advice • In-house training from in the Diversity Champions and support to major organisations Stonewall Masterclasses to programme. At IBM we employ in the private and public sectors, Stonewall’s DVD training the best people irrespective of which between them employ more package — both available at a religion, gender, sexual orientation, than four million people. discount for Diversity race, age or disability. Working The programme has ten key Champions organisations. with Stonewall enables us to share benefits • Starting Out Recruitment and learn best practice from Guide free and exclusive entry others and to ensure IBM is an • Exclusive networking with 300 — this is distributed to every inclusive and positive company in organisations across all sectors, university in the country, plus our dealings with employees and ranging from IBM to Barclays discounted recruitment customers alike.’ and from Barnardo’s to advertising available. Larry Hirst, Country General Manager, Manchester City Council and • Joint branding including free IBM (UK) and Ireland the Royal Navy. and exclusive use of the • Best practice seminars detailed Stonewall ‘Diversity Champion’ ‘Stonewall’s Diversity Champions online so you can plan ahead, logo for internal and external programme will help us to raise with top 10 tips and communications plus KPMG’s profile as an employer of presentations for you to recruitment advertising and choice to the LGB community in download after each seminar. sponsorship opportunities. order to attract, retain and motivate • Dedicated point of contact • Discounted registration and people of all sexual orientations. available to you at any time by priority booking for Stonewall Sara Turner, Diversity Manager, KPMG telephone or email with the Workplace Conference and opportunity for a tailored meeting Stonewall Leadership programme. ‘The Royal Navy’s goal is to be a each year and advice anytime. • Definitive workplace guides world-class Navy, ready to fight and • Tailored benchmarking to help on a range of key workplace win. I am committed to ensuring in the Stonewall Workplace issues as well as our small that the Royal Navy has a culture in Equality Index — just give us a business guide plus Stonewall’s which all our people are valued for call and we can sit down with latest research on media, health themselves and are thus able to you and identify both ‘quick and education give 100 per cent to their jobs. wins’ and longer-term goals. Our engagement with Stonewall is For further information please visit an important part of making this www.stonewall.org.uk/workplace or happen and we strongly support e-mail [email protected] this excellent initiative.’ Vice Admiral Adrian Johns, Second Sea Lord, Royal Navy

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Resources

All our publications are available online in PDF format at www.stonewall.org.uk/workplace or please contact us at [email protected] if you would like copies posted to you.

‘Joining the Diversity Champions programme endorsed what we were trying to achieve, gave the work credibility from an early stage, and provided us with specialist information and resources that we would otherwise not have been able to access. I can honestly say that the money was very well spent — worth every penny!’ Sigrid Fisher, Strategy Officer (Equalities), Cambridge City Council

‘Barnardo’s has gained a number of benefits as members of Workplace Equality Index Stonewall’s Diversity Champions programme. Now LGB staff are Stonewall’s Workplace Equality telling us that they selected Index (WEI) is the definitive Barnardo’s as their employer of national benchmarking exercise choice because we are members showcasing Britain’s top of the programme, and in an employers for gay staff. environment where quality recruits The WEI is also now seen as a are hard to come by that gives us key measure of an organisation’s a competitive advantage.’ commitment to diversity generally. Ian Theodoreson, UK Director, Any organisation that secures a Corporate Resources & Lead Director place in Stonewall’s Index can be LGB Issues, Barnardo’s justifiably proud of the progress And 150,000 gay students in UK they are making. universities use it when deciding ‘We will continue to work with Launched in 2005, the WEI is where they want to take their Stonewall to continually improve used routinely in both the private talents upon graduation. the quality, relevance and and public sectors to benchmark Any organisation in the UK can accessibility of our service and performance. The 1.7 million gay enter the WEI free of charge online maintain our ‘Excellent’ local people in the UK workforce use it at www.stonewall.org.uk/wei authority status.’ to see how their employer Roger Latham, Chief Executive, compares with rivals. However, the Stonewall Workplace Guides Nottinghamshire County Council Index is also now a key resource for consumers. The 3.6 million Stonewall has produced the lesbian and gay people in Britain following workplace guides: use it in deciding where they want Monitoring: How to monitor to spend their disposable income. sexual orientation in the workplace Network Groups: Setting up networks for lesbian, gay and bisexual employees Bullying: Preventing the bullying and harassment of gay employees

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Resources

Contacts

Women & Equality Unit, Scotland Department for Communities and Local Government Advisory, Conciliation and Arbitration Phone: 020 7944 4400 Service (ACAS) www.communities.gov.uk Phone: 0141 248 1400 Helpline 08457 47 47 47 Advisory, Conciliation and www.acas.org.uk Arbitration Service (ACAS) London Office Stonewall Scotland Phone: 020 7396 0022 Phone: 0131 557 3679 Helpline: 08457 47 47 47 Email: [email protected] Minicom: 08456 06 16 00 www.stonewallscotland.org.uk www.acas.org.uk Scottish Employment Stonewall Rights Network Phone: 020 7593 1850 0131 556 3006 Minicom: 020 7633 0759 E-mail: [email protected] www.stonewall.org.uk Wales

TUC Advisory, Conciliation and Arbitration Know Your Rights Line Service (ACAS) Phone: 0870 600 4882 Phone: 029 2076 2636 Helpline: 08457 47 47 47 Employment Tribunals www.acas.org.uk Phone: 0845 795 9775 Minicom: 0845 757 3722 Stonewall Cymru www.employmenttribunals.gov.uk Phone: 029 2023 7744 E-mail: [email protected] www.stonewallcymru.org.uk

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Resources

Diversity checklist

It is now illegal to discriminate 2. Act now 6. Recruit fairly on the grounds of sexual Make sure your policies and practices Recruiters often have stereotyped orientation. Here are ten key comply with the regulations. Employers notions of what LGB people are good action points to help make the now risk legal claims from staff who at or not so good at, and these affect have been treated less favourably in, for their decisions. They may believe LGB regulations work in practice. example, recruitment, promotion, people will not fit in. Ensure that training, or dismissal; are disadvantaged recruiters understand fair selection 1. Understand the law as a group by workplace practice and criteria and apply them consistently. The Employment Equality (Sexual policy because of their sexual Orientation) Regulations, became law orientation; or have been offended — 7. Tackle harassment and bullying on 1 December 2003, and make it either intentionally or unwittingly — Often LGB people who have been unlawful to discriminate in employment by homophobic actions or comments. harassed will not want to complain or training on grounds of sexual Organisations which provide goods, because it would force them to come orientation. Lesbians, gay men and facilities or services to customers or out as gay. Make LGB staff feel bisexuals, are now entitled to service users risk legal claims if they confident about using your procedures protections similar to those already discriminate against lesbians and gay even if it would mean having to reveal provided for women, disabled and people in the provision of these. their sexual orientation. black and ethnic minority staff. The Civil Partnership Act, which took 3. Communicate the changes 8. Review terms and conditions effect in December 2005, affords lesbian Explaining the new laws to staff and Same-sex partners registered in civil and gay people exactly the same line managers is critical. Make sure partnerships must, by law, be treated as package of rights and responsibilities everyone understands that LGB staff equivalent to married partners for all that heterosexual people can derive from and customers are protected by workplace benefits. The best employers marriage. Employers are now required to discrimination legislation and knows also offer equivalent benefits to non- treat staff who are married or in civil what they must do to comply with the registered same-sex partners as to non- partnerships in exactly the same way. regulations. married mixed-sex partners. The Sexual Orientation Regulations introduced as a consequence of the 4. Make the business case for diversity 9. Manage performance fairly Equality Act 2006 provide robust Robust diversity policies contribute Ensure that everyone in your organisation protections to gay people against substantially to long-term competitive- makes decisions based only on merit and discrimination in the provision of ‘goods, ness, attract higher skills, motivated competence. LGB people are sometimes facilities and services’, essentially almost employees and loyal customers. More passed over for promotion, disciplined any activity in which either business or organisations are also making the link unfairly or even dismissed for no good public providers are engaged. between how they treat existing and reason. They often find they are potential employees and how they are described as not being team players, perceived by customers. Persuade simply because they are unable to be colleagues to see diversity issues as an entirely open about their personal or opportunity not a threat. social lives.

5. Build a culture of respect 10. Monitor and evaluate your Up to two thirds of lesbians and gay policies and practices men may conceal their sexuality from Monitoring is essential to check colleagues. They often find it difficult to whether unfair discrimination is going get support when private events affect on and whether an organisation’s their work. Work to create an environ- diversity policy is working in practice. ment where LGB people can feel safe Think about how you will reassure and do their best. Make equal treatment LGB people that it is safe to provide for LGB people both a question of fairness information for monitoring and a question of common sense. purposes.

people perform better when they can be themselves Design and layout: Hart Design and Mark Newcombe Photography: Michael Cheetham Editing and Production: Working Week Communications

The new law in detail could not have been written without Anya Palmer of Old Square Chambers and Garreth Wong of Matrix Chambers

We're also grateful to the following for their significant contributions to producing this guide: B&Q, Barclays, Barnardos (North West), Cabinet Office, Credit Suisse, Department of Health, Esporta, Hackney Community College, HMRC, IBM, JPMorgan, Levenes Solicitors, London Borough of Enfield, London Fire Service, Manchester City Council, Nationwide, Novas Ouvertures Group, NUT

Ros Brett, Jan Bridget, Olivette Cole-Wilson, Katherine Cowan, Jonathan Finney, Stephen Frost, Chris Gildersleeve, Ali Harris, Katie Hathaway, Kirsten Hearn, Linda Kelly, Linda Jenkins, Juris Lavrikovs, Paul Martin, Helen Marsh, Will Martin, Emily Myers, Femi Otitoju, Sue Sanders, Maria Scordialos, Marianna Shapland, Clive Taylor, Stephen Whittle, Elaine Willis

Consortium of LGB Voluntary and Community Organisations, London Lesbian and Gay Switchboard, Naz Project, PACE, Regard, TUC SEXUAL ORIENTATION EMPLOYER HANDBOOK

Supported by