2015 TUC LGBT Conference

date: 25 June 2015

Agenda

Contents

5 Motions 1 Organising LGBT workers in fragmented workplaces UNISON Amendment Unite the Union 2 Monitoring Union of Shop, Distributive and Allied Workers 3 LGBT workplace bullying and harassment in the health sector Society of Chiropodists and Podiatrists Amendment UNISON 4 Challenging LGBT Discrimination: Removing the Barriers Fire Brigades Union 5 End Discrimination in Survivor Pensions (See Composite1) Unite the Union 6 Equalisation of survivor benefits (See Composite1) NASUWT 7 Equal Survivor Benefits (See Composite1) FDA 8 Supporting LGBT Carers Association of Teachers and Lecturers 9 The high risk of homelessness 10 LGBT Private Rented Housing GMB 11 Young LGBT Workers and Mental Health Community 12 Mental health issues affecting workers in the creative industries Equity

13 Closure of LGBT Venues Musicians’ Union 14 LGBT Equality in the Arts, Media and Culture BECTU 15 Third Party Media Complaints National Union of Journalists 16 Tackling Homophobia in Football Communications Workers Union 17 A good local school for every LGBT young person National Union of Teachers 18 Support for Young Transgender People and Their Families Society of Radiographers 19 Gender Recognition Legislation in the EU Napo 20 International LGBT Representation RMT Amendment University and College Union Amendment Prospect 21 Union involvement in the Struggle for LGBT Rights University and College Union 22 TUC Equality Charter Mark PCS 23 Closer working with Stonewall Prospect Amendment RMT 24 Employment Tribunal Fees Chartered Society of Physiotherapy

24 Composites Composite motion 1Discrimination in survivor pensions (Motions 5, 6 and 7) Moved: Unite Seconded: NASUWT Supported: FDA

26 Guide for delegates and visitors

31 Constitution and Standing Orders

Section one 1 Motions

1 Organising LGBT workers in fragmented workplaces

Conference notes that the historic invisibility of lesbian, gay, bisexual and transgender workers presented challenges for union recruitment and organising strategies. We now face new challenges:

i) increasing fragmentation of workplaces; ii) more small employers and individual workplaces, many without union recognition; and iii) workers on individual or outsourced contracts, driving down terms and conditions. Conference acknowledges the challenges of giving workers scattered across diverse workplaces a strong sense of collective union identity. They may be unaware of the power of collective bargaining. Workers facing discrimination often fear to speak out. Conference believes the increasing confidence of LGBT people and communities provides new organising opportunities. Participation in a union LGBT group can unite members around a shared identity and purpose, encouraging them into activism. Conference calls on the TUC LGBT committee, working with affiliates, to:

a) reinforce the message about the importance of collective bargaining amongst LGBT workers; b) promote LGBT self-organisation as a strategy for union recruitment and organising of workers in fragmented workplaces; and c) identify and publicise effective resources to support this work and best practice in delivering it, bearing in mind the challenges of organising in workplaces without union recognition.

UNISON

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Amendment

After paragraph 4: “Conference further believes that as trade unions we have the opportunity to build leadership among LGBT workers through providing customised education and mentoring including role models and case studies of how LGBT workers can become union reps, effectively organise in workplaces and build influence within union organisation”. New bullet point 4 4. develop union education materials for LGBT union leadership education programme

Unite the Union

2 Monitoring

Conference reaffirms its commitment to encouraging employer monitoring of sexual orientation and where appropriate, gender identity, provided key conditions are met. Conference welcomes the TUC guidance on this issue and agrees that safeguards need to be built into monitoring exercises to ensure their effectiveness and confidentiality. As EHRC Guidance ‘Beyond Tolerance’ makes clear ‘evidence is the key to making services reflect everyone’s experience and meet their needs’. Conference is concerned that staff monitoring is not always handled well. LGBT activists have expresses concerns over confidentiality, how data collected is put to use and the absence of meaningful outcomes. Unions play a crucial role ensuring employer schemes:

i) guarantee confidentiality; ii) achieve real change for LGBT workers; and iii) maximise returns by encouraging LGBT workers to have confidence in schemes and persuading all workers why monitoring is important

Conference asks the TUC to encourage unions to:

a) raise the issue of monitoring and its purpose in rep training;

b) continue to work with employers to ensure employers consult LGBT workers, guarantee confidentiality and use collected data to make a real difference to LGBT workers; and c) support reps so that they feel more confident promoting a workplace environment conductive to being out at work.

Union of Shop, Distributive and Allied Workers

3 LGBT workplace bullying and harassment in the health sector

Over the past fifteen years conference has seen a growing recognition of the detrimental effects homophobia can have in the workplace resulting in legislative changes to greater protection of all LGBT workers; and the DOH working with LGBT organisations to try and tackle homophobic bullying and harassment health workers can face by their colleagues and patients. But despite these advances in tackling overt homophobia, further action needs to be taken to address the indirect homophobia/micro-aggressions LGBT workers can experience on a daily basis. Their impact is often poorly understood by heterosexual colleagues and is seemingly under-reported by the LGBT workers who are affected. Conference therefore calls upon the TUC to empower our members to report all instances of homophobia they experience and ensure our trade union representatives are well trained in acting as advocates of LGBT workers and place pressure on employers to adopt a visible zero tolerance approach to all forms of homophobia. Whilst campaigning for robust monitoring and recording of homophobic incidents within the health sector to ensure that LGBT health workers do not have to work in an environment where ‘low level’ homophobia is accepted as an inevitability of the job.

Society of Chiropodists and Podiatrists

Amendment After each ‘homophobia/ic’ add ‘, biphobia/ic and transphobia/ic’. Replace ‘heterosexual’ with ‘non-LGBT’. After ‘monitoring and recording’ insert ‘including via staff surveys, which currently ask no questions about transphobia,’ Add at end:

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‘Conference calls on health affiliates to organise LGBT workers, with targeted recruitment of LGBT members and engagement of LGBT activists, supporting and strengthening local bargaining.’

UNISON

4 Challenging LGBT Discrimination: Removing the Barriers

LGBT conference notes that UK Law is clear in its prohibition of discrimination based on LGBT identity. Despite such legislation LGBT workers are becoming increasingly concerned at the lack of cases being brought in relation to LGBT discrimination. Even where legislation is in place to prohibit discrimination we are seeing attacks, such as the submission in Northern Ireland of the Freedom of Conscience Bill, which would allow discrimination of LGBT people based on religious belief. Conference notes the reduction by 70 per cent in the number of Employment Tribunal cases, due to the prohibitive fees imposed. This reduction does not reflect a lessening of discrimination in the work place, but that employers are more likely to get away with such activities. Conference is concerned that if employers feel they can get away without adhering to their legal obligations under the Equality Act, they are more likely to engage in activities that discriminate. Conference calls on the TUC LGBT Committee to compile a report for submission to LGBT Conference 2016, identifying the obstacles that LGBT employees face when legally challenging unlawful discrimination, with recommendations on a future strategy to campaign, challenge and break down those barriers.

Fire Brigades Union

5 End Discrimination in Survivor Pensions (See Composite1)

Conference whilst welcoming the Marriage (Same Sex Couples) Act finds it disgraceful that the Act failed to address the inequality that exists with regard to survivor pensions.

Conference notes the Act permits pension providers to discriminate against same sex married couples and those in civil partnerships. Same sex survivor benefits need only be calculated from 5 December 2005 following the introduction of Civil Partnerships. Conference is shocked and disappointed the review of survivor benefits did not recommend full equalisation of pension rights. Conference notes that a similar discrimination exists between widow and widower pensions. Within the private sector only pension contributions after 1990 count towards accrual of a widower's pension and service; after 1988 in the public sector. Conference believes Government should take urgent action to equalise pension provision for same-sex married couples, civil partners and widowers with the benefits enjoyed by widows. Conference calls upon the TUC to: i) make pensions equality a priority campaign; ii) engage with affiliated unions and other organisations to raise this issue with employers and the government to amend the legislation to end this unfair discrimination; and iii) encourage affiliated unions to negotiate with employers to end discrimination within existing pension schemes.

Unite the Union

6 Equalisation of survivor benefits (See Composite1) Conference condemns the continuing discrimination against civil partners and same sex married couples with regard to pensions. Conference deplores the failure of the Coalition Government to address the inequality of survivor pensions within occupational schemes. Conference asserts that the Treasury’s claims that equalisation in line with other survivors is unaffordable were misleading and inaccurate. Conference believes that there is a responsibility of Government not only to end this discrimination and adhere to the provisions of the Equality Act 2010, but also to meet the costs of any backdated payment. Conference further believes that such backdated payments should not be viewed as a “new” cost, rather as reimbursements of monies to public service scheme members which have been unjustifiably withheld.

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Conference calls on the TUC to: i) continue to press Government to end this unfavourable treatment and practice by enforcing the full equalisation of survivor benefits; and ii) lobby MPs for a change in the law to end discrimination in survivor benefits.

NASUWT

7 Equal Survivor Benefits (See Composite1)

Conference notes that the review into Equal Survivor Pension Benefits was published 26 June 2014, that no action has been taken and that it is still with the Minister for consideration. Conference further notes the TUC campaign on Equal Survivor Benefits and applauds the TUC for the work and commitment to advancing this agenda. Conference is disappointed that no action has been taken by the government to address the inequalities in pensions across the board and, in particular, for civil partners and same-sex married couples. Conference believes that it is unlikely the current government will take action on this issue and that it will remain in the “in-tray” for the incoming minister of the new government. Conference calls on the TUC and affiliates to maintain the campaign to achieve Equal Survivor Benefits for all.

FDA

8 Supporting LGBT Carers

Research reveals higher rates of mental ill health among Lesbian, Gay, Bisexual and Trans people, which, in the case of those who are carers, may be compounded by the stress caused by their caring duties. Whether it’s an employer’s lack of understanding or having to disclose relationships to professionals dealing with partner’s or child’s care – being a carer may force people into having to ‘out’ themselves in order to get the support they need. We know from our own members that many LGBT carers are not receiving the support they need; and there has been little research carried out in the field.

Conference asks the TUC and affiliates to: i) support specialist groups such as the LGBT Carers Support Group and LGBT Carers Forum; ii) ensure that reps are trained to support LGBT carers in the workplace; and iii) lobby the Government for better financial support for carers.

Association of Teachers and Lecturers

9 The high risk of homelessness Conference is shocked that young LGBT people are at higher risk of homelessness compared to their straight counterparts. Although there is little monitoring research indicates in urban areas 30 percent of young homeless people identify as LGBT. Young people can find themselves in vulnerable positions because of their sexuality; many will have left home to escape homophobia and abuse from family members or partners. Sexual exploitation, mental health issues, physical and substance abuse are all bigger threats for homeless LGBT youths. These young people need access to specialist support services to ensure their futures. Conference commends the work of charities like the Albert Kennedy Trust who in 2014 provided 8,000 nights of accommodation for young homeless LGBT people across the country, yet dishearteningly in 2014 saw a 160 percent increase in demand for their services. Specialist support and accommodation provided by local authorities and housing associations is minimal, this must change and charities should not be relied upon to provide drastically needed help. Conference calls on the TUC LGBT Committee to: i) lobby the government demanding that specialist support for homeless LGBT youth is made a priority for local authorities; and ii) promote charities such as the Albert Kennedy Trust to affiliates.

ASLEF

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10 LGBT Private Rented Housing

Conference notes that many LGBT people have no alternative but to rent homes in the private rental market especially in areas of high property values and that this disproportionately affects young LGBT people. This is compounded by the lack of social housing. LGBT people may experience difficulties where they have come out over either their sexuality or gender identity and excluded from their family, or where landlords discover their sexuality or trans status and seek to evict them. In addition, there may be harassment, victimisation etc and damage to the property where a person becomes a target for homophobic, biphobic or transphobic hate crime. Conference welcomes indications by some political parties to address issues around the rights of tenants and particularly for tenants in the private rental market. Conference therefore instructs the TUC LGBT committee to develop a policy document around private rented properties and consult with the other TUC equality committees over the issues faced by other equality strands so that any policy document can be used by the TUC with the government to seek legislative change.

GMB

11 Young LGBT Workers and Mental Health

Conference recognises that mental health problems are particularly prevalent amongst young LGBT people, that 23 percent of young LGBT people have attempted suicide and 56 percent have self-harmed and that young people who have mental health problems are reluctant to use mainstream services because of the stigma of mental health, being LGBT, or both. Conference also recognises that LGBT needs are not as easily addressed through mainstream services, or that the delivery of these services by non- LGBT staff is not good enough for young people who need bonds of empathy and trust. Conference notes the recent NATCEN research that showed the disproportionate effect that austerity cuts have had on LGBT people over other marginalised groups, and deplores the cuts to specialised services by the Coalition Government.

Conference calls on the TUC LGBT Committee to: i) further support workplace reps to recognise that young LGBT workers are in need of specialist support; ii) support workplace reps to work with employers to introduce workplace mental health policies that take account of additional need from young LGBT workers; and iii) lobby the new government to prioritise funding for specialist LGBT mental health services.

Community

12 Mental health issues affecting workers in the creative industries In 2014 the TUC produced guidance for workplace reps on mental health issues in recognition of the fact that these issues disproportionately affect LGBT workers. This is no less the case in the performing arts and creative industries. The Arts and Minds initiative has found that 46 per cent of performers and creative workers who took part in a recent survey described their mental health as either poor or average and that 20 per cent had actively sought help about their mental well-being. Contributing factors identified included financial pressures, lack of control over careers and a shortage of work. Workers in the creative industries are also often obliged to disclose mental health information to employers and can have specific issues with performance anxiety, severe self-criticism, mood swings and depression. Conference reaffirms its support for campaigns that eliminate the stigma associated with mental health issues and will promote awareness of the range of mental health issues. Conference also resolves to continue to campaign against cuts to vital mental health services and to stress the importance of these services to freelance and self-employed workers who are less likely to be able to access help and support in workplaces.

Equity

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13 Closure of LGBT Venues

Conference is concerned about the decline in LGBT venues in London and throughout the UK. An estimated 25 percent of LGBT venues have closed in the capital alone since the recession. These venues not only provide employment for musicians and performers, they are also sites of cultural and historical significance where LGBT communities have formed and continue to grow. LGBT venues provide safe spaces for LGBT people to socialise. LGBT people have higher rates of depression, self-harming and suicide. Isolation is a major source of stress and mental health issues and so maintaining LGBT venues is vital to sustain a sense of community. Planning procedures currently privilege corporate ventures, and favour residential concerns such as noise levels, even if these relate to new homes built around long-established entertainment venues. Conference calls for the Government to protect these sites of cultural significance from property developers and adopt the Agent of Change principle in order to halt the closure of LGBT venues and help to maintain and grow the LGBT community.

Musicians’ Union

14 LGBT Equality in the Arts, Media and Culture

Conference notes that the media, arts and culture sectors have long had a reputation as a haven for LGBT people, as creatives and workers in various roles. Underneath this reputation, however, equality of opportunity and inclusiveness are in fact extremely patchy. Some venues and organisations have excellent and effective policies in place, and have worked to include diverse representations of LGBT lives in the works they commission and produce, and to ensure diversity in recruitment and commissioning. However most still have a long way to go, both in moving beyond limited or tokenistic portrayals of LGBT lives, and in ensuring that workplaces and creative environments are truly reflective of our society. Conference believes that arts, media and culture are vital to our everyday lives, and it is essential that they are not merely preserved but actually expanded and made more accessible and representative of modern society. Conference calls on the TUC LGBT Committee to explore creating a comprehensive report into LGBT equality in the arts, media and culture

industries, working with the unions that organise in those areas and other interested affiliates and stakeholders.

BECTU

15 Third Party Media Complaints

Conference notes that no action was taken for many months before the election to try to improve press regulation following the recommendations of the Leveson Report, especially with regard to third party complaints and potentially marginalised groups. Conference remains concerned that the scope for third party complaints remains limited under the employer-led Independent Press Standards Organisation – so preventing trade unions or other organisations from seeking redress on behalf of LGBT members facing inappropriate or discriminatory reporting. Conference backs continuing work by the National Union of Journalists and other civic society organisations to try to promote “Leveson compliant” press regulation in England and Wales and calls on the governments of Scotland and Northern Ireland to ensure that press regulation allows scope for third party complaints on behalf of LGBT (and other groups) inappropriately targeted and reported, especially by politically skewed coverage in national titles. Conference confirms its support for efforts by NUJ members and workplace chapels to try to challenge homophobic reporting across the news media and acknowledges that unionised workplaces provide more robust resistance towards editorial and proprietarily prejudice.

National Union of Journalists

16 Tackling Homophobia in Football

Conference congratulates the TUC Alliance and all its stakeholders, which has recently been responsible for the excellent creation of the 'Tackling Homophobia in Football' toolkit.

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Whilst some progress has been made on this issue, there is no room for complacency. The fact also that there is still not a single 'out' professional footballer in the English game is also a demonstration of this. Conference calls on the incoming TUC LGBT Committee, in conjunction with the TUC Alliance, to plan a year of action linked to promoting grass roots campaigning through trade unions, which will seek to continue the good work of the TUC Alliance taking on board some of the ideas stemming from the toolkit.

Communications Workers Union

17 A good local school for every LGBT young person

Conference notes with interest the proposals by LGBT Youth North/West, about consideration of whether separate educational provision for LGBT pupils who are facing homophobia and transphobia in mainstream education would be appropriate. Conference thinks the presumption should be inclusive, comprehensive education. Conference recognises that many schools do challenge homophobia and transphobia, but believes that ministers are complacent, because too many LGBT pupils and teacher still cannot be open about their identity. Conference notes that DfE Ministers underestimate the importance of the social and emotional aspects of learning, with the fixation on exam results and the lack of opportunity to share what is learned in this area of equalities education from one school to another, or to build on effective practice, in an increasingly fragmented and privatise landscape. Conference calls on the TUC, in co-ordination with affiliates and other relevant organisations, to create and launch a national diversity in education programme. This will be to ensure LGBT diversity is addressed in all routes into teaching, and hold the DfE to account in supporting schools’ promotion of the principle that LGBT teenagers and workers should feel safe in schools. Schools must be required to demonstrate this through their policies and practice.

National Union of Teachers

18 Support for Young Transgender People and Their Families

Conference applauds Brad Pitt and Angelina Jolie for supporting their child’s decision to self identify as male. However, so much more needs to be done to support young Transgender people. Nothing has shown this more than the death of Leelah Alcorn and her parents continuous miss-gendering of her in the media. Statistics have shown that 48 percent of Transgender people have attempted suicide at least once. Support charities are so underfunded that they often cannot provide a full support system. There is so much positive information online but the message has still to reach so many and discrimination continues.

Conference calls on the TUC LGBT Committee to: i) publicise the work of Transgender support charities such as You Are Loved and in the hope that they gain more support and funds; ii) work with family support charities such as Mermaids to make sure their message reaches the parents of Transgender children; and iii) work with the NHS and educational institutions to ensure appropriate support for young Transgender people is available.

Society of Radiographers

19 Gender Recognition Legislation in the EU

Conference notes that 34 countries in Europe (including France, Germany and the UK), still do not allow a trans person to change their name and registered gender without invasive and abusive requirements that violate their human rights, these violations include sterilisation, divorce and psychiatric evaluations. Moreover, 14 countries do not have any laws at all to allow a change of name and gender. Recent polling shows 73 percent of trans people in the EU think that better legal gender recognition laws would allow them to live more comfortably. Conference calls upon the TUC and affiliates to support the campaign by Transgender Europe calling on all European governments to introduce quick, transparent and accessible gender recognition legislation as a measure to prevent discrimination and protect trans people's human rights.

Napo

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20 International LGBT Representation

Conference notes the continued attack on LGBT rights around the world. Conference agrees that as trade unions we seek to fight discrimination through global solidarity and look to our international organisations to take this battle for human rights forward. Conference calls on the TUC to lobby the ETUC and other international affiliates as appropriate as defined by the General Council to support establishing LGBT Committees to specifically tackle this suppression of basic human rights.

RMT

Amendment Insert at the end as a new paragraph: Conference welcomes work undertaken on international LGBT issues by the TUC and affiliate unions such as UCU and UNISON. Conference recognizes solidarity and campaigning with with Amnesty, IGLA and global unions through research, conferences and Prides. Also, LGBT work done by UK organizations alongside local NGO’s outside the UK. Conference calls on the TUC to promote further work and engagement.

University and College Union

Amendment New paragraph after paragraph 3; Conference encourages affiliates to work with employers that have operations in countries with discriminatory legislation against LGBT communities; to promote human rights and non-discriminatory practices, taking account of solidarity requests from LGBT communities within countries; and to ensure that employers consult with staff equalities groups and trade unions before posting employees to counties where LGBT people are at risk.

Prospect

21 Union involvement in the Struggle for LGBT Rights

Conference welcomes the ‘Voices and Visibility’ wall chart and plans for a complementary collection of online articles. Trade Unions have a key role in the struggle for LGBT rights both today and historically. Conference believes this role should be acknowledged and consolidated. Conference applauds the participation of the TUC and affiliate Unions at the 2015 Festival of LGBT History as part of continued work with Schools Out / LGBT History Month. Conference calls on the TUC to:

i) hold a discussion event about how to develop work that foregrounds the work of Unions and the labour movement in the historical struggle for LGBT rights as part of marking the Trans Day of Remembrance in 2015; ii) invite all affiliate unions to this discussion and invite them to share what has and is being done to promote involvement in charting this history; iii) be actively involved in any developments from the wall chart and discussion event; iv) participate in any subsequent Festival/s of History following from the 2015 festival in so far as it possible; v) investigate the possibility of creating an exhibition installation linked to the wall chart and present findings at the discussion event; and vi) promote the wall chart throughout the TUC including training and to affiliate Unions.

University and College Union

22 TUC Equality Charter Mark

Conference notes that the Stonewall Workplace Equality Index submission form: i) does not mention trade unions and the important role we play; and ii) is limited to the “top 100” employers.

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Conference recognises more needs to be done to promote equality in the workplace and to create a workplace culture that is comfortable in challenging inequality, bullying, harassment, discrimination and victimisation. Conference recognises the benefits of having such schemes as the “Two Ticks” scheme that shows an employer is positive about employing people with disabilities. Conference calls on the TUC LGBT Committee to: a) work with relevant TUC structures (including the other equality structures and Young Members) to develop the ‘TUC Equality Charter Mark’ that recognises excellent workplace equality and diversity practice; b) ensure this Charter Mark includes an employee based assessment for LGB and T staff; c) commit to reviewing this Charter Mark with a view to widening the assessment to service users/customers; d) present the final scheme at TUC LGBT Conference 2016 with the first awards being given to employers in 2017; and e) review the Charter Mark awards regularly to maintain the basic workplace standards that staff should be able to expect.

PCS

23 Closer working with Stonewall

Conference welcomes some of the recent changes at Stonewall, particularly extending its remit to include campaigning for Trans* equality and their encouragement to global employers to support their LGB staff worldwide. Conference is interested in the work carried out by Stonewall to identify the top 100 employers for lesbian, gay and bisexual people to work. However, there are clearly still issues for the staff at those workplaces, for example whether they feel comfortable being out in their workplace, amongst other things. Conference remains concerned that Stonewall does not encourage employer engagement with their trade unions and appears to exclude trade unions both within their Workplace Equality Index and also in guidance to individuals if they feel they have been discriminated against. Creating inclusive workplaces - a key aim of Stonewall’s Workplace Equality Index - must be a partnership between employers, their staff and TUs.

Conference instructs the TUC LGBT Committee to explore the feasibility of a closer working relationship with Stonewall with a view to: i) sharing and developing best practice guidance on what constitutes an inclusive workplace; and ii) establishing TUC involvement in the Workplace Equality Index and encouraging partnership working with employers.

Prospect

Amendment

Insert at end: iii) acknowledging the vital role trade unions play in supporting LGBT workers and including this in the Workplace Equality Index.

RMT

24 Employment Tribunal Fees

Conference notes with concern the plunging numbers of Employment Tribunal (ET) claims following the introduction of ET fees in July 2013. The total number of claims accepted at September 2014 was 77 percent lower than the same time the previous year. Complaints of sexual orientation discrimination were down by 64 percent over the same period. Employees are denied access to justice if they cannot afford the fee. Over 20 percent of claims are discrimination claims, which means that many employees are not able to effectively enforce their right to protection from discrimination enshrined in the Equality Act 2010. Conference is appalled that UNISON’s application for a judicial review was rejected by the High Court in December. Conference calls on the TUC and all affiliates to prioritise the campaign for abolition of the fees, regardless of which Government is returned to power in May 2015.

Chartered Society of Physiotherapy

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Section two 2 Composites

Composite motion 1Discrimination in survivor pensions

(Motions 5, 6 and 7)

Conference whilst welcoming the Marriage (Same Sex Couples) Act finds it disgraceful that the Act failed to address the inequality that exists with regard to survivor pensions. Conference deplores the failure of the Coalition Government to address the inequality of survivor pensions within occupational schemes. Conference notes the Act permits pension providers to discriminate against same sex married couples and those in civil partnerships. Same sex survivor benefits need only be calculated from 5 December 2005 following the introduction of Civil Partnerships. Conference notes that a similar discrimination exists between widow and widower pensions. Within the private sector only pension contributions after 1990 count towards accrual of a widower's pension and service; after 1988 in the public sector. Conference asserts that the Treasury’s claims that equalisation in line with other survivors is unaffordable were misleading and inaccurate. Conference believes that there is a responsibility of Government not only to end this discrimination and adhere to the provisions of the Equality Act 2010, but also to meet the costs of any backdated payment. Conference further believes that such backdated payments should not be viewed as a “new” cost, rather as reimbursements of monies to public service scheme members which have been unjustifiably withheld. Conference is shocked and disappointed the review of survivor benefits did not recommend full equalisation of pension rights. Conference notes that the review into Equal Survivor Pension Benefits was published 26 June 2014, that no action has been taken and that it is still with the Minister for consideration. Conference believes Government should take urgent action to equalise pension provision for same-sex married couples, civil partners and widowers with the benefits enjoyed by widows.

Conference further notes the TUC campaign on Equal Survivor Benefits and applauds the TUC for the work and commitment to advancing this agenda.

Conference calls upon the TUC and affiliates to: i) make pensions equality a priority campaign; ii) engage with affiliated unions and other organisations to raise this issue with employers and the government to amend the legislation to end this unfair discrimination; and iii) encourage affiliated unions to negotiate with employers to end discrimination within existing pension schemes.

Moved: Unite

Seconded: NASUWT

Supported: FDA

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Section Three 3 Guide for delegates and visitors

All affiliated unions are entitled to be represented by a minimum of two delegates, provided always that the organisation has paid the fee prescribed in Rule 3 of the Rules and Standing Orders of the Trades Union Congress. For affiliates with 10,000 or more members, the following entitlements also apply:

a) Affiliated organisations with between 10,000 and 20,000 members shall be entitled to be represented by a total of 5 delegates.

b) Affiliated organisations with between 20,001 and 50,000 members shall be entitled to be represented by a total of 10 delegates.

c) Affiliated organisations with between 50,001 and 100,000 members shall be entitled to be represented by a total of 15 delegates.

d) Affiliated organisations with between 100,001 and 500,000 members shall be entitled to be represented by a total of 20 delegates.

e) Affiliated organisations with between 500,001 and 1,000,000 members shall be entitled to be represented by a total of 25 delegates.

f) Affiliated organisations with over 1,000,001 members shall be entitled to be represented by a total of 30 delegates. TUC Regional Councils, together with the larger Trades Union Councils, are also invited to send an observer. Observers sit together in a separate section on the floor of Conference next to the delegates, and are able to speak in any debate, but not allowed to vote. Many unions and outside organisations also send visitors to the Conference for all or part of the proceedings. The visitors sit separately and are not entitled to participate in any of the business of the Conference. Also in attendance are journalists and TUC staff.

How long does the conference last? The Conference lasts two days, running up to the Saturday of the LGBT Pride march and festival where possible. It opens at 11.00 on Thursday and closes at 18.00, with a break for lunch from 12.45 and 14.15; and opens at 9.30 on Friday and closes at 17.30, again with a break for lunch from 12.45 and 14.15.

Who is responsible for conference arrangements? The Lesbian, Gay, Bisexual and Transgender Committee acts as the Conference Arrangements Committee.

Who chairs the conference? The Conference is chaired by members of the Lesbian, Gay, Bisexual and Transgender Committee.

How is the committee elected? The Lesbian, Gay, Bisexual and Transgender Committee is composed of members of the TUC General Council appointed by the General Council and of twenty four members elected at the Lesbian, Gay, Bisexual and Transgender Conference. Each affiliated union is entitled to make one nomination for each of Section A (general), Section B (black members), Section C (disabled members), Section D (transgender members), Section E (young members) and Section F (bisexual members); and the nominee must be a delegate to the Conference. All members of the Lesbian, Gay, Bisexual and Transgender Committee usually attend the Conference.

What does the conference discuss? Each union is invited to submit one motion, of not more than 200 words, which must deal with one subject only. Motions are published in a preliminary agenda and unions are then invited to submit not more than one amendment, of not more than 60 words. A final agenda is then distributed to delegates. Delegates’ printed Order of Business indicates the Committee’s attitude to each motion: Support: In order to allow more time for delegates the Committee usually (but not always) waive their right to speak in a debate on a motion or amendment they support. Support with Reservations: If necessary a Committee member will explain to Conference any reservations they may have on a motion or amendment they otherwise support. The union concerned is notified in advance of the Committee’s reservations.

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Remit/Oppose: The Committee may ask remission of a motion before Conference. If the union will not agree to remit the motion a Committee member will speak in opposition to it. Oppose: A Committee member will speak on any motion or amendment opposed by the Committee. A Committee member may also speak in order to make observations or points of explanation on a motion or amendment. In doing so the Committee member accepts collective responsibility on behalf of the Committee and does not represent a union or personal view. A number of speakers of special relevance to the business of the Conference will address delegates at various times during the two days. In addition, there is an informal plenary session during the Conference.

What about emergency motions? Any union may submit an emergency motion for consideration by the Conference. Such a motion must be signed by the union’s General Secretary and received by the TUC General Secretary not later than the morning of the day two days prior to the opening of Conference, and it must be accepted onto the agenda by at least two-thirds of delegates.

Motions to Congress Delegates are able to vote for one resolution (ie one successful motion) of the Conference to go forward onto the agenda of the TUC Congress in September. (This could be a composite motion.) Delegates receive a ballot paper listing all the motions to be debated. Each delegate is able to vote for the one motion they wish to see on the Congress agenda. The ballot papers will be counted at the end of the Conference and the result announced. The resolution with most votes becomes a motion to Congress. In the event of a tied vote, the LGBT Committee make the final decision at their meeting following Conference. (See next section.)

What happens to motions after the conference? All motions carried (and now termed ‘resolutions’) or remitted form the basis of action by the Lesbian, Gay, Bisexual and Transgender Committee during the following twelve months. Resolutions are also considered by the General Council itself and TUC departments as part of the overall work of the TUC. The resolution that the Conference voted onto the Congress agenda becomes the property of the union who moved the original motion. The union deals

with it on behalf of the Conference. For example, the union might take decisions about compositing or accepting amendments. The union will move the motion at Congress on behalf of the Conference.

How are the debates conducted? The rules of debate may differ from those at some union conferences. These are some of the main points: a) Moving and seconding a motion – a mover of a motion may speak for up to six minutes. The seconder is allowed three minutes, although a motion can be formally seconded. b) Debate and right of reply – subsequent speakers on the motion are allowed three minutes. A delegate is not normally able to speak more than once in any debate unless permission is given by the Chair, to make a point of order or explanation. Whether or not a motion has been opposed, the mover may be allowed three minutes to reply to the discussion on the motion but no new issues may be introduced into this reply. c) Moving an amendment – the proposer of an amendment is called to speak immediately after the seconder of the motion. Like a motion, an amendment has to be seconded or it falls. Further amendments are called in their order on the agenda. However, delegates moving amendments have no right of reply. d) Voting – delegates must remain in their seats during a vote. Voting is by a show of hands and all delegates are entitled to one vote. There are no union block votes and no card votes. It is the Chair’s responsibility to call the result of the vote. However, four tellers are appointed at the start of Conference to count the hands raised in the event of a close vote. e) Points of order – delegates can raise points of order on the conduct or procedure of the debates. f) Chair’s ruling – the Chair’s ruling is final. g) Standing orders – the Standing Orders for the Conference can only be suspended if agreed by at least two-thirds of delegates to the Conference who are present and voting. h) Speaking on a Report paragraph - the Chair calls each paragraph in the Report in turn, and any delegate may intervene to make a point on that

29 TUC LGBT Conference 2015

paragraph. Again, up to three minutes are allowed. A member of the Committee will usually then reply. i) Timing of speeches – it is important for delegates strictly to observe speaking time limits. If business over-runs allocated time it may be necessary during the course of Conference to reduce speaking times. This requires a two-thirds majority on a vote to suspend standing orders.

Report of the TUC Lesbian, Gay, Bisexual and Transgender Committee As well as discussing motions, the Conference receives the Report of the TUC Lesbian, Gay, Bisexual and Transgender Committee, which reports the work of the Committee over the past year, including the implementation of resolutions from the previous Conference. Each paragraph is listed on the printed Order of Business distributed to delegates and the Conference proceeds paragraph by paragraph through the Report. Delegates are entitled to question the Committee on the issues contained in any paragraph when the number of that paragraph is called by the Chair. Motions are ordered to correspond to the subjects of the paragraphs in the Report. The place of a paragraph or motion on the agenda is no reflection on the importance or priority of its content.

What happens in the evenings? A reception has been organised by a number of affiliated unions for Thursday evening. There is an invitation in your Conference wallet.

What other facilities and events are provided? TUC publications together with a broad selection of books covering trade union and LGBT issues are on sale at the Conference bookstall and there is an exhibition with stalls from a number of LGBT organisations. Some bodies also hold fringe meetings to which delegates and visitors are invited. Whilst these are an accepted feature of the Conference, the TUC is not able to publicise them formally or assist in their organisation. However, the TUC circulates an informal list of such fringe events as they are notified to the TUC office.

4 Constitution and Standing Orders

Constitution

1 Title and purpose of the conference The title of the Conference is the TUC Lesbian, Gay, Bisexual and Transgender Conference and its purposes are to:

a) encourage lesbians, gay men, bisexuals and transgender working people to play a full and active role in the trade union movement; and

b) advise the TUC General Council on issues of concern to lesbian, gay, bisexual and transgender working people.

2 Date of conference The Conference meets annually for two days in June, unless otherwise decided by the TUC Lesbian, Gay, Bisexual and Transgender Committee.

3 Basis of Representation All affiliated unions are entitled to be represented by a minimum of two delegates, provided always that the organisation has paid the fee prescribed in Rule 3 of the Rules and Standing Orders of the Trades Union Congress. For affiliates with 10,000 or more members, the following entitlements also apply:

a) a)Affiliated organisations with between 10,000 and 20,000 members shall be entitled to be represented by a total of 5 delegates.

b) Affiliated organisations with between 20,001 and 50,000 members shall be entitled to be represented by a total of 10 delegates.

c) Affiliated organisations with between 50,001 and 100,000 members shall be entitled to be represented by a total of 15 delegates.

d) Affiliated organisations with between 100,001 and 500,000 members shall be entitled to be represented by a total of 20 delegates.

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e) Affiliated organisations with between 500,001 and 1,000,000 members shall be entitled to be represented by a total of 25 delegates.

f) Affiliated organisations with over 1,000,001 members shall be entitled to be represented by a total of 30 delegates.

4 The Lesbian, Gay, Bisexual and Transgender Committee

a) General Council representation General Council members of the Committee are appointed by the General Council.

b) Elected members There are twenty four elected members of the Committee. Each affiliated union is entitled to nominate one candidate for each of Section A (general) Section B (black members), Section C (disabled members), Section D (transgender members, Section E (young members) and Section F(bisexual members). No candidate shall be eligible for election unless s/he is a delegate to Conference from her/his union. If a nominee is unable to attend the Conference, the nomination will only stand if the reason for non-attendance is acceptable to the Committee.

Voting shall be by ballot. Each trade union delegate attending the Conference has twenty four votes, not more than one vote being given to any one nominee.

Any elected member of the Committee who during the year ceases to be the official representative of their nominating union will cease to be a member of the Committee.

Should a vacancy occur during the year among the elected seats, the runner-up in the election at the previous Conference will be invited to fill it.

c) Conference Arrangements Committee The Lesbian, Gay, Bisexual and Transgender Committee will act as the Conference Arrangements Committee.

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5 Motions

a) Motions for the Conference agenda must be signed by the General Secretary of the union sending them and must reach the General Secretary of the TUC at least ten weeks before the date fixed for the Conference.

b) Each affiliated union is allowed one motion, of not more than 200 words, which should deal with one subject only. The Lesbian, Gay, Bisexual and Transgender Committee, acting in their capacity as Conference Arrangements Committee, will draw to the General Council’s attention any motion they consider does not comply with this requirement and the General Council will decide whether or not they are eligible for inclusion in the agenda. The decision of the General Council shall be final.

c) The motions included in the preliminary agenda are sent to each union as soon as possible after the closing date for their submission. The order in which subjects will be discussed is decided by the Lesbian, Gay, Bisexual and Transgender Committee acting as the Conference Arrangements Committee.

d) Each affiliated union is allowed one amendment, of not more than 60 words. All amendments to motions must reach the TUC General Secretary by a date to be decided by the Lesbian, Gay, Bisexual and Transgender Committee. Such amendments must be signed by the General Secretaries of the unions submitting them.

e) Notwithstanding the above provisions, the Committee may submit emergency motions. Additionally, any union may, subject to the approval of the Committee, be permitted to submit an emergency motion for consideration of the delegates to the Conference. No such permission will, however, be granted unless: i) such an emergency motion is received, signed by t the union General Secretary, by the TUC General Secretary not later than the morning of the day two days prior to the opening of the Conference; and ii) at least two-thirds of the delegates agree to its inclusion on the agenda.

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f) In making arrangements for the Conference, the Committee has authority to take any steps considered necessary to cooperate with the unions submitting motions and amendments, in order that composite motions may be obtained wherever practicable. Failure to comply with the Committee’s arrangements may involve a union’s motion being deleted from the final agenda.

g) Delegates will select, by secret ballot, one resolution of the Conference to go forward on to the agenda of the succeeding TUC Congress.

Standing Orders

6 Hours of the Conference The Conference assembles at 11.00 and closes at 18.00 on Thursday. It reassembles at 09.30 on Friday and closes at 17.30. Lunch times are 12.45 to 14.15 on Thursday, and from 12.45 to 14.15 on Friday.

7 Conference Chair The Chair of the Conference rotates amongst the members of the Lesbian, Gay, Bisexual and Transgender Committee.

8 Business of the Conference The Conference considers the motions and amendments. There will also be an informal session. The agenda is sent to delegates not later than two weeks prior to the Conference.

9 Appointment of Scrutineers and Tellers The delegates appoint four tellers at the start of the Conference.

10 Limitation of Speakers Six minutes are allowed for the movers of a motion and three minutes for each subsequent speaker. Speeches on behalf of the Committee are limited to six minutes unless otherwise agreed by the Conference. The Chair’s address should be no longer than fifteen minutes. Guest speakers should not speak longer than the Chair.

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A delegate may not speak more than once on any question unless permission to do so, on a point of order or explanation, is given by the Chair. The mover may be allowed three minutes to reply to discussion on the motion concerned but no new matter may be introduced into such reply. Delegates vote on the motion immediately the mover has replied.

11 Closure The Previous question, Next business, or the Closure of the debate may be moved and seconded only by those delegates who have not previously spoken during the debate and there shall be no speeches on such motions. Should the Closure be carried, the mover of the original motion shall have the right to reply in accordance with Standing Order 10.

12 Voting The method of voting at the Conference on all matters except the election of representatives to serve on the LGBT Committee, and the selection of one resolution to go forward onto the agenda of Congress, shall be by a show of hands. The Chair will order votes to be counted by tellers where the result of a show of hands is not clear.

13 Suspension of Standing Orders Standing Orders may be suspended only if agreed by at least two-thirds of delegates to the Conference who are present and voting.

14 Chair’s Ruling The Chair’s ruling on all matters shall be final. 5

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