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LGBT Rights at Work LGBT Rights at Work An advice leaflet for Usdaw Members Rights for Lesbian, Gay, Bisexual and Transgender (LGBT) Workers As a result of many years of Although the Equality Act has not been enacted in Northern Ireland, similar campaigning by lesbian, gay, legislation applies protecting LGBT people bisexual and transgender from discrimination. The information in this leaflet therefore applies equally to LGBT (LGBT) organisations and members in Northern Ireland. Trade Unions, LGBT workers As well as the recent improvements in now enjoy the same rights at legal rights, social attitudes have also dramatically changed but this doesn’t mean work as their heterosexual that harassment and discrimination relating (straight) colleagues. to sexual orientation or gender identity has disappeared from our workplaces. The Equality Act, introduced in October Millions of LGBT workers still don’t feel 2010 in England, Scotland and Wales, made safe enough to be out about their sexual it unlawful for employers to discriminate orientation or gender identity at work and against someone or harass them for reasons thousands of these workers will be Usdaw relating to either their sexual orientation or members. This leaflet summarises the legal their gender identity. rights LGBT members have at work. 1 The issues Gender Identity The law also means that transgender Whilst Usdaw recognises that lesbians, gay members are fully protected from men, bisexuals and transgender members discrimination by the law. A transgender each have distinct and separate problems at person is someone who lives their life in work, they also share a range of concerns a gender different to that in which they and experiences. For example, it is common were born. for LGBT members to find themselves on the receiving end of harassment and unfair The law makes it clear that a transgender treatment simply for being who they are. person does not have to undergo any medical procedures to be protected. Usdaw LGBT members have experienced the following at work: In other words, the law now recognises the fact that many transgender people choose l Verbal abuse and name calling by to live their lives in their ‘affirmed’ gender colleagues, managers and customers. without undergoing any medical or surgical l Graffiti and so called ‘jokes’ about their treatment. sexual orientation or gender identity. In Northern Ireland, the Sex Discrimination l Being ignored or excluded by colleagues. (Gender Reassignment) Regulations also cover trans people at all stages of transition. l Outing someone at work as being either They make it clear that it is unlawful to LGB or T without their permission. discriminate against a person on the ground l Refused equal access to pensions, that the person intends to undergo gender parental or adoption leave and other reassignment, or is undergoing gender rights at work. reassignment, or has at some time in the past undergone gender reassignment. This l Spreading rumours or gossip about makes sure that the various stages of the someone’s sexual orientation or gender process, including the very initial stage are identity. covered by the regulations. In other words, a l Physical violence. person may intend to undergo reassignment but never go through with it or they may be Who is covered by the law? in the process of transitioning or it might have happened previously – at each or all of Sexual Orientation these stages they would be covered. The law protects everyone from discrimination on the grounds of their For more information on transgender issues, sexual orientation so it applies to straight as see the Usdaw guide Changing Gender – well as lesbian, gay and bisexual workers. Understanding the Issues (Lft 424). However, as employment tribunal statistics tell us, it is overwhelmingly lesbians, gay men and bisexuals that experience unfair It is common for LGBT treatment and harassment because of their members to find themselves on sexual orientation. the receiving end of harassment and unfair treatment simply for being who they are. 2 What does the law say? Equality Act 2010/Sex Discrimination (Gender Reassignment) Regulations (NI) 1999 The law means an employer cannot: However, remember the law allows employers to ‘defend’ a claim of ‘indirect discrimination’ l Refuse to employ someone or decide where they can show they had very good to dismiss someone because they are reasons for it and it was in pursuit of a lesbian, gay, bisexual or transgender. legitimate aim. l Refuse access to training or promotion l Discriminate against someone because because of someone’s sexual orientation they ‘associate’ with an LGBT worker. or gender identity. For example, it would be unlawful for an l Deny LGBT workers goods, facilities and employer to treat a member less favourably services they offer to straight and non because their brother is gay or their dad is transgender workers. This would include transgender. access to insurance schemes, travel concessions, or social events. l Discriminate against someone because they are ‘perceived’ to be LGBT even l Give an unfair reference when someone though they aren’t. The Code of Practice leaves employment because of being to the Equality Act gives the following lesbian, gay, bisexual or transgender. example: l Victimise someone by treating them less “A masculine looking woman applies favourably if they have complained about for a job as a sales assistant. The sales alleged discrimination or given evidence manager thinks she is transgender in such a case. because of her appearance and doesn’t l Discriminate indirectly. This happens offer her the job, even though she when an employer applies a rule or has performed the best at interview. The a policy or a practice that applies to woman would have a claim for direct everyone but one group of workers discrimination because of perceived (such as LGBT workers) cannot meet gender reassignment, even though she so easily. is not in fact transgender.” l Deny LGBT workers benefits or pay offered to straight and non transgender The Code of Practice to the colleagues. This includes overtime rates Equality Act states: and allowances, travel allowances as “Under the Act ‘gender reassignment’ well as access to pension schemes and is a personal process, that is, benefits under pension schemes. moving away from one’s birth However, there are some exceptions to this sex to the preferred gender, rule. For example, employers can restrict rather than a medical process.” benefits to married workers, on the condition that workers in a same sex civil partnership or marriage also have equal access to the same benefit. 3 The Code of Practice to the Equality Act states: “Harassment covers a wide range of behaviour that can include spoken or written words or abuse, imagery, graffiti, physical gestures, facial expressions, mimicry, jokes, pranks, acts affecting a person’s surroundings or other physical behaviour.” In other words, an employer can still lawfully Harassment restrict benefits to straight married couples and same sex couples who have registered Harassment is one of the biggest problems their partnership or married but deny them LGBT members face in the workplace. The to unmarried couples and same sex couples Equality Act makes it clear that harassment, who haven’t registered their partnership including so called ‘jokes’, is unlawful. or married. Employers must deal with any incidents quickly and effectively and take reasonable The Civil Partnership Act 2004 gave same steps to prevent any such incidents from sex couples the right to register as civil arising in the first place. partners from 21 December 2005. The Marriage (Same Sex Couples) Act 2013 Remember, the offensive remarks or enables same sex couples to marry. behaviour don’t have to be aimed at an LGBT member for it to be harassment as Equal marriage has yet to be introduced long as the remarks or behaviour are related in Northern Ireland despite overwhelming to sexual orientation or gender reassignment. public support for it. For the purposes of State Pension and occupational pension rights, same sex married couples and civil partners must be treated in the same way as heterosexual married couples. 4 Usdaw is committed Usdaw’s Legal to building workplaces Plus Service where LGBT workers Usdaw has a legal service feel safe about being which is completely free. If you have a problem and out about their sexual need help and advice or you want to join orientation or gender the Union, contact your union rep or ring the identity at work. Usdaw Helpline 0800 030 80 30 or visit the website at www.usdaw.org.uk The Union’s Legal Department can advise on whether a member has a case under the What can you do? sexual orientation regulations. As important as the law is, we know that on its own it won’t stop harassment or Contact Usdaw discrimination from happening in our Usdaw has seven Divisional Equalities workplaces. Trade unions have an important Forums – one for every region. There are job of work to do challenging harassment seats on the forums for under involved and the Equality Act has helped to groups of members including LGBT members. strengthen our arm. The forums take the equalities agenda out Displaying Usdaw leaflets on tackling into the workplace by organising workplace harassment and bullying as well as LGBT visits, local get-togethers and working with literature can send a strong signal to representatives and officers to recruit more members and non members alike that the members. If you are interested in finding out Union understands the issues facing LGBT more about the equalities work of the Union members. It also helps to show that the or your Divisional Equalities Forum, email Union is committed to building workplaces [email protected] or contact where LGBT workers feel safe about being the Equalities Section on 0161 224 2804 out about their sexual orientation or gender identity at work.
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