The Employment Equality (Sexual Orientation) Regulations Guidelines for Employers SECOND EDITION
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The Employment Equality (Sexual Orientation) Regulations Guidelines for Employers SECOND EDITION
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From compliance to common sense
The Employment Equality (Sexual Orientation) Regulations, which became law on 1 December 2003, make it unlawful to discriminate in employment or training on grounds of sexual orientation. For hundreds of thousands of lesbians, gay men and bisexuals, the new laws represent a huge and much welcome advance in fair treatment at work. They are now entitled 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 latest in a series of anti-discrimination initiatives driven by Europe, these laws have come at a time when many employers are taking the business case for diversity seriously. They know the new laws hold nothing to fear. They provide a challenge but they also provide substantial new opportunities. Attracting and retaining the very best staff, regardless of background, is a fundamental part of business strategy for British companies that want to remain market leaders, and public sector organisations under pressure to provide world-class public services. Stonewall has produced this guide to offer 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 the legislation and what it will mean in practice. Many leading organisations now realise that robust diversity policies contribute substantially to long-term competitiveness. We set out the business case for diversity and look at how effective policies help attract higher skills, motivated employees and loyal customers. The guide also includes practical advice on overcoming the barriers to establishing a truly inclusive workplace. We offer eight key steps to making sexual orientation an everyday diversity issue alongside gender, race and disability. These practical steps are a critical part of informing, consulting and communicating the new laws to staff and line managers and persuading them to take an active part in creating an inclusive culture at work. All the advice is based on methods already used by members of the Stonewall Diversity Champions scheme to promote fair treatment in the workplace. These Diversity Champions range from BT, Barclays, Royal Bank of Scotland and JP Morgan in the private sector to the Inland Revenue, the Home Office and Birmingham City Council 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 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 make it unlawful to discriminate in employment or training on grounds of sexual orientation 5
Contents
Winning the argument ...... 6 Building the business case for diversity Making it happen – a toolkit for success...... 11
Eight key steps to creating a diversity culture The new law in detail ...... 32 Your legal questions answered
Resources Sample diversity policy ...... 37 Stonewall Diversity Champions ...... 38 Contacts – where to go for more information ...... 39
Diversity Checklist ...... 40 Ten key steps to making the law work
Throughout this guide, we use the abbreviations LGB to indicate lesbian, gay and bisexual, and LGBT to indicate lesbian, gay, bisexual and transgender. Although the new laws do not relate to transgender people, employers who demonstrate good practice in this area are often in the forefront of good practice generally.
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Business Benefits
Winning the argument Complying with the law, motivating staff and building the right corporate image all contribute to a strong business case for diversity
Lesbians, gay men and bisexuals of potential staff and customers. Regulations 2003 could end comprise around 6 per cent of These three are inter-linked. up defending their case at an the UK population, according For example, an organisation employment tribunal. to government estimates. That’s that strives to create a working The regulations cover liability roughly 3.5 million people, and environment free from unlawful for direct discrimination – where an many are in the workforce. The harassment should also reap the individual is treated less favourably arguments for ensuring your rewards of a loyal, well motivated, than another because of his or her organisation’s diversity policies and more productive workforce. At perceived sexual orientation – and practices include lesbian, gay and the same time, a company that indirect discrimination – where bisexual (LGB) people have never is known to recruit actively from a particular provision or practice been stronger. minority communities is likely to be has a disproportionate impact on By 2011, only 18 per cent of more successful in promoting its LGB people. They also prohibit the UK workforce will be white, goods to a wider market. harassment of an LGB employee male, not disabled, under 35 and by other employees. What is more, heterosexual. they also provide protection to Many progressive employers are Legislation heterosexual workers who are now recognising that they need On 1 December 2003 it became discriminated against because to draw on talent from all sections illegal to discriminate against LGB they are assumed to be LGB, or of the population and create a people at work. Employers who fail because they have LGB friends or workforce culture that embraces to comply with the Employment family. diversity and equality. These Equality (Sexual Orientation) employers have three motivations: legislation– the need to comply with an expanding range of anti- A lesbian working in a large administrative centre in Glasgow, discrimination laws and avoid the but not ‘out’ at work, was asked to sign a petition opposing escalating costs of litigation government proposals for same-sex partnerships. She declined. skills and productivity – the need Being the first person not to sign it, office debate hotted up on to recruit, retain and motivate the issue, making the woman feel very uncomfortable at work. the talent necessary for business She eventually took three days off sick until the topic had passed growth over but felt unable to challenge her colleagues or to raise her reputation – the need to show concerns with her manager for fear of being ‘outed’. the right corporate image to an increasingly discerning population
‘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, JP MORGAN
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Business Benefits
Fighting a discrimination case at an employment tribunal is a no- Ms Vento was a probationer constable with the West Yorkshire win situation. It’s time-consuming Police for two years. After her marriage broke down senior and and costly for both employer and fellow officers subjected her to a campaign of bullying, unfair employee and uses up valuable scrutiny, unwarranted criticism of her work and sexual harassment. resources. Even if the tribunal They thought that as a single mother she was unable to cope with finds in the employer’s favour, the demands of the job and sought to portray her as incompetent any publicity about the case itself and dishonest. Ms Vento suffered clinical depression and suicidal will almost certainly damage the impulses as a result, and was eventually dismissed for alleged organisation’s reputation among dishonesty and poor performance. existing and prospective workers as The tribunal found the force’s criticisms of Ms Vento’s perfor- well as customers. mance unwarranted or unfairly exaggerated. She was eventually The average tribunal award awarded almost £200,000. for discrimination cases in 2002 was £15,500 – up 15 per cent on the previous year. However, there is no limit on the compensation productivity is now a key issue for The late 1990s were a tribunal can award victims of employers – large and small. characterised as a time of severe discrimination, and it can also order Until comparatively recently, skill shortages, with employers damages for injury to feelings – up many believed this simply meant and recruitment firms fighting to £25,000 in serious cases. The sweating assets – getting more what they called the war for talent. total amount awarded by tribunals from less. But increasingly the Both public and private sector in cases of discrimination in 2002 government and economic experts organisations struggled to attract was £6.41 million – 65 per cent are stressing the importance of and hold on to people of the right up on 2001. The number of cases factors such as the skills base and calibre. that made it to court increased declining levels of innovation. Despite the recent downturn significantly too. Organisations are realising they in recruitment, these shortages Even settling out of court need to add value through do not seem to have abated. can be expensive. It may keep recruiting, training, developing and Research from Cranfield School an organisation out of the local retaining the best people. of Management shows many papers, but it will still test the As a result, new economy employers consistently find it hard loyalty of the rest of the staff. employers such as Microsoft to attract candidates with the claim that non-tangible assets, competencies – skills, abilities and such as intellectual capital, behaviours – their organisations Skills and productivity talent, leadership and reputation, need. Over the past year, three The UK is currently estimated to represent 90 per cent of their in four employers have reported be 20 per cent less productive market value. difficulties filling more than 30 than major competitors such as per cent of their management France and Germany. It is hardly vacancies. surprising, therefore, that boosting
‘For us turnover is more than a measure of employee satisfaction or morale. Lower turnover yields cost savings and improves business performance. The benefits include lower recruitment costs and retaining skilled employees who deliver better service. We know committed employees are more likely to be motivated, creative and productive.’
Jeremy del Strother, Divisional Director, Personnel and Development, NATIONWIDE
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Business Benefits
A new generation, with has a potentially negative impact different expectations from its BT encourages members on its reputation as an employer predecessors, is forcing employers of Kaleidoscope, its LGBT – internally as well as externally. to review how they recruit, manage network, to participate in Remaining staff and potential and remunerate their staff. The market research for BT’s recruits lose confidence in values an organisation claims to marketing strategy and managers and leaders who appear espouse and its reputation play an products. This feeds into to be flouting their own value increasingly important part in its the company policy to statements. ability to attract and retain talent. raise the profile of BT as As well as the opportunity cost In one recent opinion poll, one an employer and preferred of losing talented staff through an in five undergraduates said they supplier in the eyes of the intolerant working environment, would not work for an ‘unethical’ LGBT communities. there are the up-front expenses of employer. More than one in replacing them. It can cost up to ten said they would not even 150 per cent of salary to recruit, consider joining a company with shown to have higher levels of induct and train a new member discriminatory practices. performance and morale, and of staff. It’s hardly surprising, Organisations are starting to lower levels of absence. Workplace therefore, that organisations such understand they need to do more studies show these organisations as the Nationwide Building Society to become employers of choice. create an environment of trust and regard staff turnover figures as a They must demonstrate to the openness, where people are more key measure of their success as people they want that they: likely to be creative, to take risks, employers. are dynamic to develop new products and to And long before discrimination are prepared to invest in them establish new markets and new or harassment forces a member of will enable them to perform at ways of working. staff to quit, employers may also their best With skills at such a premium, have to bear the brunt through have positive policies and will holding on to expensively trained stress-related absence. The CBI deliver on them and nurtured staff has become a estimates that absenteeism costs are high performers in their field key priority. Every staff member UK employers £10.2bn a year, while Organisations that demonstrate who leaves an organisation the Health and Safety Executive respect for individuals have been because of discrimination or stress suggests that up to 30 per cent of absenteeism is stress-related.
Several of the major City of London banks – including Citigroup, JP Morgan, Credit Suisse First Boston, HSBC, Royal Bank of Scotland, Goldman Sachs and Lehman Brothers – hold regular joint meet- ings of their LGBT staff. The meetings address how the banks can work together to improve the employment climate for gay people working in the City.
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Business Benefits
Reputation have the same rights to use public A reputation for discrimination Bass Leisure Retail spent services as everybody else but may can have a negative impact on an £1.5 million on developing not feel able to access them, or organisation’s ability to attract and a gay ‘super pub’ in they find their specific needs have retain customers and clients, as Brighton. Operations been ignored or under-resourced well as staff. Witness the campaign manager Becki Davies said: when they do. This can impact on against one UK high street bank ‘Consumer research has the effective delivery of a huge because of its association with shown us that Brighton is range of services from health, a financial backer that was well the second biggest market education and housing to criminal known for anti-gay views. The bank in the UK in terms of gay justice and leisure. lost shareholder value overnight. business. We felt it was an The campaign was one of the opportunity we couldn’t factors that prompted the bank to afford to miss.’ Corporate social take extensive action, including responsibility introducing a diversity audit and The profitability and reputation of appointing a diversity manager. Evidence from the US suggests organisations increasingly requires In the private sector, robust that the purchasing power of many them to demonstrate corporate diversity policies and practices LGB consumers means that: social responsibility. A commitment that are seen to encompass LGB 57 per cent ‘prefer to buy top of to social responsibility can also people can play an important part the line’ draw in new sources of talent in attracting the pink pound. While 68 per cent upgrade to a product’s from beyond an organisation’s not all LGB people have large latest model traditional recruiting pools, and amounts of disposable income, 59 per cent buy themselves these will often include LGB statistical evidence suggests it ‘whatever they want’ people. The increased diversity is a lucrative market for many that results brings innovation, and businesses. Significantly, LGB consumers puts a business in closer touch with In 1998 Market Assessment show high levels of brand loyalty. A its wider marketplace. International estimated that the survey by RainbowReferrals.com in So in a spectrum of ways, UK’s pink economy was worth £97 the US revealed that more than 90 positioning your organisation as billion in income terms and that per cent of lesbians and gay men one that welcomes LGB customers the total disposable income of would be somewhat or very likely or service users and employees, lesbians, gay men and bisexuals to use a product advertised in the and endeavours to meet their in the UK was about £10 billion. lesbian and gay media, especially particular needs clearly makes A Gay Times survey published if the brand was associated with good sense. in 2000 found 80 per cent of a company that had actively respondents were in the ABC1 promoted LGB equality. This could social bracket. be through sponsorship of events such as Mardi Gras or organisations such as Stonewall. In the public sector LGB people
‘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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Diversity Toolkit
Making it happen a toolkit for success
Almost every aspect of it is unacceptable for them to employment policy and practice discriminate either directly or throws up specific problems in indirectly against any colleagues on relation to LGB people. While account of their sexuality. experience of other diversity The toolkit should not only issues, such as ethnicity, gender help you to avoid litigation but and disability, may be useful as a also develop best practice people starting point for introducing LGB policies so that you can reap the policies, there will be many new benefits of the legislation. Some of barriers to overcome in creating a these steps outlined are essential truly inclusive workplace. to complying with the law and This chapter introduces eight therefore urgent. For example key steps to making sexual if your selection processes are orientation an everyday diversity not up to scratch and you are issue, alongside others such as perceived to be overlooking LGB gender, race and disability. They candidates in favour of less well cover issues such as organisational qualified heterosexual applicants, culture, recruitment, terms LGB candidates can now take and conditions, performance their grievance to an employment management and monitoring and tribunal. evaluation. Other steps are less urgent At first sight, it might seem and will evolve over time as you daunting, but this toolkit has been build a culture of respect for all designed to enable employers to employees, regardless of their change attitudes and behaviour sexual orientation within their organisations. All your staff need to understand that the law has changed and
Build a culture of respect...... 13 Recruit and select fairly ...... 15 Tackle workplace bullying and harassment ...... 19 Review terms and conditions ...... 21 Manage performance fairly ...... 23 Establish employee networks ...... 25 Deliver to all your customers and service users...... 27 Monitor and evaluate ...... 29
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Diversity Toolkit
Build a culture of respect
Creating a workplace culture Community Planning Research Research has shown that LGB that genuinely values people and in 1995 found that 64 per cent of people who are out at work are all their differences is a major lesbians and gay men concealed vulnerable to harassment, bullying challenge – and opportunity their sexuality from some or all of and discrimination in their careers. – facing organisations. their colleagues. For those who The 1995 Social and Community feel they have to hide their sexual Planning Research study found that Recruitment, training and orientation at work, there is the 21 per cent of respondents had development, succession planning, constant pressure of concealment. been harassed at work, 4 per cent equal opportunities policies, It also makes it very difficult for had lost their job because of their benefits packages – all of these them to get support when private sexuality and 8 per cent said they aspects of people management events affect their work. had been refused promotion. affect LGB staff. Employers need Lesbians, gay men and bisexuals to communicate this to their who are out and feel able to be managers and ensure that they open about their sexuality at work Action points understand how to act. are often inaccurately stereotyped Provide leadership at all levels Organisations that wish to in ways that are damaging to their Your public statements should promote the value and importance careers, for example, as being assume that a percentage of your of diversity must provide leadership unsuitable to work with young workforce and your customers are and create a climate where people. lesbian, gay or bisexual. everyone feels safe and does their In addition, when LGB people Create role models by publicising best. On a purely practical note, are referred to in the workplace, it the success of any high-profile LGB they must also be sure that their is often in terms of a stereotyped people in your organisation. diversity policies specifically cover image of the young, affluent, sexual orientation. educated gay man, rather than a diverse range of people. Key issues In some organisations, diversity policies are inclusive and deal IBM wants motivated people working for a world class company. explicitly with issues of sexual We believe our continued success depends on the skills and moti- orientation. In others it is still vation of our employees. This is reflected in IBM’s basic belief in a taboo topic, or one that is ‘respect for the individual’. not openly discussed. A major Our aim is to create and sustain a working environment in challenge is to make sexual which individual diversity is valued and all employees are able to orientation an everyday issue in contribute, grow and achieve their maximum potential. the workplace, alongside ethnicity, IBM Human Resources Policy faith, gender, disability and age. A survey by Social and
‘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
Provide all your managers with training and development to help Barclays has developed a vision of Equality & Diversity, which has them create a climate in which been agreed and publicly signed by the executive committee. Five diversity is valued. task forces, including one on sexual orientation, have been set up Barclays, IBM, the BBC and other to work with business areas to remove barriers. An extensive train- organisations have appointed ing programme has been planned, which begins with foundation senior-level champions for LGB workshops led by managers throughout the company equality. Explore whether there is someone who could do this for your organisation. They don’t have to be lesbian, gay or bisexual. Make it clear that social events It must accommodate the involving partners and children are changes in the law in 2003 and equally open to same sex partners explicitly include LGB employees. All employees at the and their children. It needs to be communicated to Nationwide are encouraged Consider other ways in which you managers so they understand the to develop diversity can demonstrate your commitment nature and importance of issues awareness skills. They do to putting equality and diversity that affect LGB employees. this through a mix of formal policies into practice. and informal training and Benefits development. Review your equality and diversity policy and strategy Employers who create a culture To have any meaning, your policy where diversity is acknowledged, Create a climate where everyone should be clearly linked to business and where people are truly valued, can be themselves and feel safe or service outcomes. will be more successful. They will: Think about how you show that become employers of choice you respect minority employees for talented people who want to and what more you could do to work in a progressive and ethical publicise a message of openness, workplace trust and equality. In 2001, Barclays launched retain the best people, and use Reinforce the message to all its ‘success through their talents to the full staff that they do not need to inclusion’ policy. All increase job satisfaction and tolerate harassment, bullying or members of Barclays’ morale, and therefore productivity unfair treatment of any kind. Where executive committee send powerful signals about appropriate, mention LGB people signed an equality and being modern and forward- specifically in policy statements. diversity charter. Gary looking, and show a determination Revisit your grievance Hoffman, chief executive of not to allow old-fashioned procedures and ensure there Barclaycard, was appointed prejudice and discrimination to are mechanisms in place to deal senior champion for sexual undermine effective performance. effectively with any problems orientation. arising from unfair treatment.
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Diversity Toolkit
Recruit and select fairly
People are a vital resource for The entire process is therefore material they send to applicants. high performing organisations. a unique opportunity for an A Greater Manchester Police Recruiting and retaining the best organisation to send out a advertising campaign targeting people from the widest possible message about what it values both LGB people not only encouraged field is key to building competitive in its staff and in its customers. people to apply, it also sent a clear advantage. signal to other staff and the wider Key issues public about the changing culture Staff selection is an obvious Recruiters may have stereotyped and leadership of the force. area where unfair discrimination notions of what LGB people are A key feature of the guidance can occur, and has long been good at or not so good at, and that accompanies the race, gender an issue for those concerned these affect their decisions. Some and disability equality legislation with race, gender and disability may believe LGB people will not is that selection criteria should be equality. Many organisations will fit in. Others simply do not want to fair, related to the job, and applied already have a policy and set appoint people they know or think consistently. However, the criteria of procedures, plus training, in are LGB, especially to customer- are only as fair as the managers place to support those involved facing roles. who apply them. Providing training in recruitment and selection. Excellent potential applicants for those involved in designing These can be adapted to ensure may not bother to apply for jobs the selection process, shortlisting, they address the challenges LGB in organisations they, rightly or interviewing and decision-making people often face in advancing wrongly, believe to be intolerant is crucial to recruiting fairly. their careers. of LGB people. Research indicates However, there is much more organisations get a better field of to the recruitment and selection applicants if they include positive process than appointing an and inclusive statements in their individual to a job. With each job advertising literature, and the advertisement, the organisation is potentially communicating with a huge audience. How inquirers, applicants and Netimperative is a new dotcom company employing 35 people. It candidates are treated will give operates in a highly competitive field and in some areas there are rise to a network of talk about literally only a handful of people with the necessary skills to do the the organisation. Every time job. ‘Without those skills, we can’t function, so being able to attract an organisation appoints an the best person for the job is absolutely crucial. We simply can’t LGB person, other high calibre afford prejudice,’ said Bryan Smith, director, Netimperative candidates will be encouraged to apply.
‘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
Action points Make sure recruiters are not JP Morgan undertook a making unfounded assumptions Let LGB people know they are recruitment campaign based on stereotypes and welcome to apply targeting LGBT university prejudices about particular groups. Find out if the make-up of your networks. This included They should also understand workforce reflects your customer sponsoring a gay-friendly that prejudice make have limited base or the communities you serve. careers booklet for Oxford a candidate’s opportunities to Consider how it would help the University students. develop in previous jobs. organisation if it did. Set up a system so that staff Think about how and where you know what to do if they think a advertise vacancies. Have you Methods used for monitoring recruiter or interviewer has made used the recruitment sections of the recruitment of other a prejudiced remark, or a decision specifically LGB media, such as The employee groups may also work based on sexual orientation rather Pink Paper? for monitoring fair and equal than a candidate’s ability to do the Look also at the language you treatment for LGB people. Modify job. use. Is it unwittingly discouraging them if necessary. LGB people from applying? Recruitment advertising and Make the recruitment process Benefits literature are part of your image transparent Employers who recruit using building work. They should include Candidates who have objective, measurable criteria will: any LGB initiatives you have taken, encountered discrimination in the have a wider choice of applicants such as extending benefits to past will find it reassuring if you minimise staff turnover and same sex partners and establishing are open about your recruitment associated costs – because the employee networks. process. right people will be appointed to Always include your equality and Keep a record of each stage the right jobs diversity policy in the information of the recruitment process so make the best use of the most you send out to applicants. that candidates and anyone else talented people involved can see that you have secure competitive advantage in Have clear, inclusive recruitment dealt fairly with all applicants. areas of skills shortage policies and procedures Be ready to deal promptly with avoid the costs of litigation. Adapt your recruitment any complaints from candidates and selection procedures to about their treatment during the accommodate the requirements selection process. of the 2003 legislation on sexual orientation. Train the decision-makers Where possible, ask LGB staff Interviewers and recruiters need to help you make sure policies to understand the selection criteria and procedures are inclusive and and apply them consistently. effective.
‘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, 1996
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Diversity Toolkit
Tackle workplace bullying and harassment
Harassment is demotivating and come out as gay, possibly leading unlawful. It can take the form Barclays has distributed to further harassment. of being ignored or excluded; a pamphlet called Sexual Because most LGB employees physically or verbally abused; Orientation to all staff. It are not completely out about outed as gay; or made the subject outlines harassment and their sexual orientation at work, of jokes and offensive remarks. grievance procedures, they are particularly vulnerable Extreme cases involve violence, giving contact details to ‘canteen culture’ harassment forced resignation or unfair for those wanting more - homophobic comments made dismissal. information. in the course of conversation but A generally hostile environment without the intention of causing can be a form of harassment, even offence. Such comments are often where actions and comments In a survey of university teachers, made in the belief that everyone are not apparently aimed at 41 per cent of lesbians reported in the immediate audience will be individuals. harassment, compared with 30 sympathetic to them. As harassment is under- per cent of heterosexual women, reported, the true scale of the 27 per cent of gay men, and 19 problem is unknown. As more and per cent of heterosexual men. No Action list more employers tackle the issue, lesbian reported that action was Explain to staff why harassing however, evidence is emerging of taken in consequence. In contrast, people because of their sexuality all sorts of harassment, including 57 per cent of heterosexual women is unacceptable that of lesbians and gay men. suffering harassment reported this Adapt your existing harassment LGB people who are black or to the authorities, and 49 per cent policy to make it LGB inclusive. disabled may have experience of these reports led to action. Make specific references to of different kinds of harassment, harassment in your induction and there is some evidence that programme. lesbians face a disproportionate Key issues Ensure that managers amount of sexual harassment at Many people are frightened to understand the spirit as well as the work. complain because they believe letter of the policy and are ready to their complaints will not be taken support it in the way they behave seriously or they will end up taking towards staff. the blame. An added complication for many LGB staff is that making a complaint would force them to
‘I am constantly ridiculed and belittled by colleagues who view it as teasing and good natured.’
Respondent to Stonewall Cymru survey 2002/03
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Diversity Toolkit
Benefits Shirley Pearce, a lesbian, was employed as a science teacher at Organisations that tackle Mayfield Secondary School in Portsmouth from 1975. From 1992, harassment and bullying, including she regularly experienced homophobic taunts and abuse by pupils. that specifically directed at LGB She reported this, but the abuse continued. In November 1994, Ms staff: Pearce took sick leave, informing the school that she had become increase the effectiveness and ill with stress because it was not taking effective action to protect productivity of staff, through and support her. The head teacher told her to ‘grit your teeth’, and reduced sick leave, improved when Ms Pearce returned to work the harassment began again. It retention and greater commitment was suggested that Ms Pearce either look for another job or join demonstrate leadership in the supply list. Ms Pearce became sick again in May 1995 and took dealing with challenging issues early retirement on health grounds a year later. minimise the likelihood of damaging litigation and bad publicity.
Make it easy for people to report Monitor complaints and review a problem policy Bullies are often more senior Be prepared for an initial rise in than those they harass. Staff who complaints when you introduce feel that they have been harassed a policy to include LGB people. need several routes for making You need to know who’s going to complaints, for example, through investigate complaints and who’s personnel or the staff association. going to support the complainant. Staff who complain they have Managers are responsible been bullied for being gay may for building a climate in which want to keep this information harassment and bullying are not confidential. You should support tolerated and do not happen. They them in this. need to be trained in procedures Don’t just breathe a sigh of relief for monitoring and reviewing if an employee chooses not to incidents. make a formal complaint. Assess By monitoring harassment and what practical steps you can take collecting the data you should be to ensure the bullying ceases. able to press for deeper cultural Speedy and effective action changes within your organisation. will enhance your reputation for fairness
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Diversity Toolkit
Review terms and conditions
Benefits and conditions are Leave, for bereavement or family important motivators for HM Customs and Excise emergencies, is designed to help employees. Yet LGB people has rewritten its paternity employees balance their work and do not always enjoy terms and leave policy so that lesbians home commitments so that they conditions of employment equal are entitled to paid leave if can be more effective in the long to those of their heterosexual their partner has a baby. term. A policy that excludes leave colleagues. for same-sex partners can cause considerable personal trauma and form of denial of benefits enjoyed lead to discrimination claims. Key issues by heterosexual colleagues. The At present, anyone with a same- report ‘Straight Up! Why the law sex partner is likely to be excluded should protect lesbian and gay Action points from at least some workplace workers’, found one of the most Make sure your policies are benefits. Although pensions are common issues was unequal explicitly inclusive at the top of the list, other types treatment by a pension scheme. A menu of benefits will of benefit that may be affected Pension schemes that pay acknowledge the different include leave arrangements, health dependants’ benefits often restrict requirements and lifestyles of insurance, travel concessions for payment to married partners or all employees. Many employers employees and their partners, and heterosexual cohabitees, even already recognise this as good relocation allowances. though Inland Revenue guidance practice when it comes to A report based on a survey of rules state that a same sex partner recruiting, retaining and motivating lesbian, gay and bisexual union may qualify for a survivor’s pension key staff. members by the TUC found that if financially dependent on the Your policies should state that next to harassment, the most deceased employee. However, the following are available to same- frequent discrimination took the payouts are usually at the sex partners or nominees of the discretion of the pension trustees. employee’s choice: Meanwhile, two in five life bereavement leave Ford has reviewed its insurance providers refuse to parental leave and adoptive policy areas relating to provide insurance to same-sex parental leave sexual orientation. Changes couples. relocation allowances made include pensions, carer’s leave medical benefits, 12 travel benefits months maternity cover discounts on the company’s or and provision of partner other services insurance for company cars. private healthcare. Make your communications
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Diversity Toolkit
American Express operates a group medical aid scheme where eligible employees are automatically covered for single cover at no cost. Employees can purchase additional cover for partners, including same-sex partners, and/or dependent children.
inclusive Ensuring your terms and conditions Include same-sex employees in are fair to LGB people means: any oral or written examples you All employees are rewarded fairly use to explain to staff the benefits for their contribution of your reward package. Employers get more value People who are responsible for from their benefits package by giving staff information about their maximising staff motivation from terms and conditions need to: their reward package tell inquirers the policies extend The organisation becomes an to same-sex partners or other employer of choice, helping to nominees if applicable attract the best recruits talk about partners or nominees Focusing on best practice makes rather than husbands, wives and compliance with legislation more spouses likely. understand the need for confidentiality in relation to nominated beneficiaries of perks and policies.
Choose the best suppliers Use a pension company that is it committed to equal treatment of same-sex partners. Norwich Union, Scottish Widows and Standard Life are among those who have pledged this. Seek advice from an independent financial adviser specialising in same-sex relationships on life insurance and health insurance. Benefits
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Diversity Toolkit
Manage performance fairly
Managing people properly, LGB people are good or not so In addition, managers can fail to openly and with respect is good at, and therefore which spot homophobia and its effects increasingly being linked with high jobs or assignments are suitable on LGB people’s performance. performance in businesses. LGB for them. For example, gay men They may not notice that they organisations such as Stonewall are often clustered in caring or are disregarded by colleagues or have ample evidence that LGB artistic roles while ‘out’ lesbians badly treated by customers, let people are not always treated may be considered aggressive alone harassed by neighbours or fairly at work, for example by and therefore unsuitable for jobs excluded by their families in ways being passed over for promotion, requiring tact. that affect their work. disciplined unfairly or even Both lesbians and gay men dismissed for no good reason. This (but especially gay men) are is now illegal. wrongly considered by some to be Action points unsuitable to work with children. Create the right climate In addition, LGB people can be All the information you give to Key issues subject to unspoken assumptions employees should reinforce the Organisations have many different that they cannot be trusted to message that decisions about ways of managing performance, represent the organisation to the recruitment, promotion, rewards from informal chats to elaborate public or to high-profile customers. and redundancy are based on systems of appraisal by LGB people often find they merit and competence. stakeholders, customers and peers are described as not being team Develop sets of competencies as well as managers. players. This can arise because they to cover the skills and abilities However, people often have are unable to be entirely open about different roles in the organisation stereotyped notions of what their personal or social lives at work. require. You will then build a culture based on how people perform rather than who they are and where they come from. Since 2000, the Scottish Police Service has been implementing Understanding diversity and the National Equal Opportunities Training Scheme (NEOTS), which equal opportunities issues should provides practical diversity management skills and understanding be built into your management to uniformed and civilian staff at all levels. Recognition of the need development. This will provide for sensitivity around sexual orientation has lead to the use of managers with the skills to use their ‘interfaces’ – real people sharing their lives and experiences with discretion wisely and fairly. Diversity trainees. These personal interactions have contributed significantly awareness could become one of to reducing stereotypical assumptions and prejudice and helped their key competencies. trainees understand the reality of people’s lives.
‘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 2002-03
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Diversity Toolkit
Develop formal performance management systems The competencies for staff at the Office of the Deputy Prime Performance management Minister include: systems should cover the way you treats all colleagues and contacts with respect and appreciation review employees’ performance, regardless of age, gender, sexual orientation, marital status, race, how you help them develop their colour, nationality or ethnic origin, disability, religious belief, social skills and access to training and class or grade promotion. contributes to an environment in which difference and diversity By using a system based on are respected. competencies for each job, you will enable managers to make fair and consistent decisions based solely on employees’ performance. Monitor and review policies All employees should know how Good performance management the performance management practices will include some form system works. Managers especially of monitoring so employers can need to be able to identify bias review whether or not: in the way they make judgements best practice procedures were about people. Training should followed explicitly include: decisions were based on firm examples of the way evidence homophobia can be disguised penalties and rewards were common misconceptions that proportionate to performance. are applied to LGB people, particularly with reference to different types of work Benefits examples of the ways in which A performance management managers’ discretion might process that addresses LGB disadvantage people from discrimination will: various groups, including LGB enable LGB staff and their people. managers to address the full range of issues that may affect their performance provide a model of good practice for addressing all aspects of discrimination enable organisations to maximise the performance of all staff.
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Diversity Toolkit Diversity Toolkit
Establish employee networks
Employee networks – forums for staff who share one or Gay and Lesbian Employees at Morgan (GLEAM), has had a great more aspects of their identity deal of involvement in the firm’s recruitment efforts and the exten- – are becoming more popular. sion of workplace benefits to same-sex partners. Since the merger Increasingly, they are funded and between JP Morgan and Chase in January 2001, the network has promoted by employers, rather been known as Pride and includes bisexual and transgender staff. than operating informally, as employers appreciate the benefits they can bring to the whole organisation. isolated or vulnerable. Networks being outed as gay as a result. They can provide a safer and more need to be confident that joining or Networks for women and black supportive working environment. contacting a network is safe. staff have proved successful across In addition it can give the the public, private and voluntary employer a valuable mechanism sectors and provide useful lessons for consulting LGB employees Action points on how best to establish a network about employment practices and Establish the network in for LGB employees, as do existing customer service. consultation with LGB staff LGB networks. Contact and consultation with Establishing employee networks LGB staff can be managed in demonstrates your commitment to Key issues several ways, including: diversity in the workplace. It tells Many workplace cultures assume anonymous surveys staff that the organisation values all everyone is heterosexual. Due consultation through staff its people, and recognises the need to fear of prejudice, most LGB associations or trade unions to bring together staff who may feel employees are not completely using a third party organisation out about their sexual orientation such as Stonewall. to colleagues and many believe Discuss a range of practical issues Greater Manchester Police’s they are alone in their workplace. with staff, such as: focus group for LGB staff In larger organisations, LGB What role should the network offers a confidential employees may be based in have? It could be it social voicemail to make contact different offices and regions. gathering, support group or it and receive information. This can make it difficult for LGB could have more formal input into The group is part of the employees to identify each other, employment policies, or product force’s Equality Issues create informal connections, find and service development. Group, chaired by the support and address any difficulties. When and where will meetings Assistant Chief Constable. However, LGB employees may wish take place? Should they be regional to participate in a network without or national, during
‘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
work or leisure time? Who can attend network Barclays launched its LGBT employee support network, Spectrum, meetings? Will it be LGB staff only in January 2002. Over 170 employees travelled from all over the or can other staff participate? country to attend the launch event, which was held in central London. If you are a unionised Travel costs for staff who attended were paid in exactly the same organisation, should you involve way they would have been had staff attended a meeting of another the trade union? employee network.
Connect the network to the rest of the organisation and other talking confidently and comfortably Communicate its successes to all networks about LGB issues, they can make staff. Consider the network’s purpose clear this is a business matter, not a Don’t forget to publicise the and responsibilities. taboo or private issue. network externally, for example, in Make sure the network is Be prepared for negative the HR and professional press, LGB adequately resourced. It needs reactions from other staff who may titles such as The Pink Paper and sufficient time and money to fulfil feel left out. You must be able to trade union publications. its aims and objectives. explain how the network benefits Think about how you can link your the whole organisation. Monitor and review the network LGB network with other employee Provide a range of ways for staff Having established some groups. Together they can deal with to communicate with the network, objectives for the network, work out common issues and challenges that guaranteeing confidentiality or how you are going to measure its emerge. anonymity if required. performance. Don’t ignore the rest of Ensure leaders of the organisation Publicise the network both the workforce – monitor their promote the network internally and externally perceptions of the network and its Ask high-profile, senior managers Make sure all staff know about value to the organisation. to champion the network. They the network, why it exists, who don’t have to be lesbian, gay or can join and how. If you have your bisexual, but they will need to buy senior team behind the idea, then Benefits into the idea of a LGB network. By make sure staff know that too. An LGB employee network can: challenge the invisibility of LGB staff and issues give LGB staff a forum for sharing Birmingham City Council held several informal meetings between experiences LGBT employees and staff from the council’s Equalities Unit. This allow organisations to tap into the was part of its strategy to develop a corporate approach to sexual specific experience and knowledge orientation issues. The meetings, attended by a Stonewall repre- of LGB staff sentative, were used to establish an LGBT employee network for help LGB staff to come out and council staff. other employees to appreciate the diversity of the organisation.
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Diversity Toolkit
Deliver to your customers
LGB people are likely to be declared their sexual orientation or They should also be schooled to consumers of your goods and gender identity to their GPs. ask questions in a way that does services as well as your employees. not assume heterosexuality. They deserve to be listened to, respected and offered a fair deal, Action points Consult your customers along with everyone else. Show you recognise your LGB Encourage LGB customers customers and service users or service users to make their Revisit the public statements requirements known. Key issues you make about your goods and Monitor how members of the The last 15 years have seen services to ensure they recognise LGB communities perceive your an increase in services aimed the diversity of the people who use goods and services. specifically at the LGB community your services. including leisure, household Advertising counts. Images Benefits services, legal and financial used in publicity materials send a Organisations that address the services. powerful message, so use same-sex needs of LGB customers and Many of these are provided by couples if you can. service users will: LGB-owned companies because attract the full range of potential LGB people still do not always feel Train customer-facing staff customers, including groups with confident of getting a good service Customer service training should high levels of disposable income from mainstream companies. Many deal explicitly with the fact that a develop consultation members of the LGB community proportion of customers or service mechanisms that can be used with will support companies they users will be LGB. other customer groups perceive as responsive to their Staff should be aware of the create a modern and positive needs. specific needs of LGB customers image of themselves. There are also many public and service users. services that provide LGB people with a more limited choice. A survey reported in Nursing Times In its equality audit, NHS Wales asks NHS Trusts whether they (1994) found that 10 per cent of monitor the experiences of different employee and patient nurses believed gay men with HIV groups, including lesbian and gay employees and patients. The ‘deserved it’. Ten per cent were audit provides a much clearer and accurate picture of how com- ‘less tolerant’ of gay men. mitted the organisation is to promoting equality in respect of staff Research by Beyond Barriers and service users and acts as a basis for further action to address into the healthcare needs of LGBT any mistreatment. people in Scotland found that more than a third had not even
‘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 Key issues People of different generations central to ensuring any activity may use different language to is successful. They are the Under-declaration is a constant define their sexuality. For example, means of checking whether problem with monitoring, and some older people may define an organisation’s diversity inaccurate figures may lead to themselves as homosexual rather policy is being implemented inappropriate decisions. Many than gay or lesbian, so it may effectively. They provide valuable LGB employees and job applicants be helpful to provide alternative management data, which can will not feel safe declaring their wording. Some women may define assist the organisation in making sexuality. themselves only as lesbian; other the right strategic and operational Because most LGB people are women only as gay. decisions to ensure it employs thought not to be out about their Creating a safe environment in and retains a skilled and diverse sexual orientation to everyone the workplace will enable more workforce. they work with, data on the extent people to be open about their to which individuals are out is sexual orientation but employers Monitoring and evaluation can as important as that on sexual should not force people to disclose show whether LGB employees: orientation itself. this information. Monitoring on are employed in numbers Forms should avoid the sexual orientation should provide that reflect the local/national suggestion that heterosexuality is an option for people to state population the norm and that being lesbian, that they prefer not to answer a apply for promotion at the same gay or bisexual is deviant or particular question. rate as all other employees different from the norm. are recruited or selected for training in proportionate numbers are being harassed or bullied at London Fire Brigade now includes a question on sexuality and faith work because of their sexuality in its annual staff census. The preamble to the question states: are concentrated in certain jobs, ‘We want to collect this information to find out whether there are sections or departments any particular minority needs within our workforce but you don’t think the organisation’s have to complete it if you don’t want to.’ The question concern- procedures and culture are ing sexuality asks whether employees are out at work as bisexual, supportive. lesbian, gay or transgender. However, there are unique challenges in monitoring the sexuality of employees and job applicants sensitively.
‘In many organisations, what does not get monitored does not matter.’
Equal Opportunities Review, 1999
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Diversity Toolkit
Being transgender is not an You could start by targeting issue of sexuality but one of The Inland Revenue now surveys at specific groups of gender. Guidance on the 2001 includes sexual orientation people – for example, job National Census stated that monitoring as part of its applicants, employees, customers, transgender people could tick the staff survey. This is part or clients complaining of gender they felt described them, of an all-round approach harassment. irrespective of the sex on their to diversity and equality, birth certificate. It may therefore including all aspects of Use data from external sources be more inclusive to use the word organisational life from Surveys carried out in organisations ‘gender’ rather than ‘sex’ on forms. customer service to similar to yours might serve as recruitment. proxy data for your organisation, if you have none available. Action points Encourage full participation to Decide what you want to monitor ensure accurate monitoring You may want to take a snapshot Benefits Reassure LGB people it is of how many LGB people are Organisations that monitor safe to provide information by currently in the organisation, effectively: explaining in your monitoring or perhaps you want specific can measure the success of forms or questions why you need information on the experiences of specific initiatives the information and how it will be those employees; or both. send a message that their LGB stored and kept confidential. You might choose to carry out employees are valued Communicate the results of a large-scale, anonymous survey can identify and communicate surveys and actions you will take or focus on specific areas such as improvements in the position of as a result. Employees switch off if harassment. LGB employees. they give information but nothing Ideally the data you gather seems to happen. should be good enough to use as a It could be helpful to know benchmark for improvement. whether someone is ‘out’ as LGB, as well as simply LGB.
As part of its commitment to a robust equal opportunities policy the Scottish Parliament has introduced monitoring on sexual ori- entation and gender identity alongside other personal character- istics. Clear communication explained why such data was needed and how it would be used.
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Law in Action
The Law in Detail
The Employment Equality (Sexual Orientation) Regulations make it unlawful to discriminate in employment or training on grounds of sexual orientation. This is a practical guide to what the new legislation means.
What does the Definitions legislation cover? Everyone has a sexual orientation and a gender, but these terms are sometimes confused. Sexual orientation describes who we are sexually attracted to. The new regulations apply to We may be: all aspects of employment and Heterosexual / straight: attracted to others of the opposite gender training, including recruitment, Lesbian (women) gay (men): attracted to others of the same gender promotion, terms and conditions Bisexual: attracted to others of either the opposite or the same (including pay) and dismissals. gender. Gender describes our identity as a woman or a man. For most It defines three types of people, this coincides with the biological sex ascribed at birth, and discrimination: direct, indirect and how others perceive them. For transgender people, their internal harassment. sense of identity is different from the sex ascribed at birth and how Direct discrimination is where one others perceive them. Because gender and sexuality are not the person is treated less favourably same thing, someone who is transgender may be straight, lesbian, than another person is treated, has gay or bisexual. been treated or would be treated Transgender people are already protected under the Sex in a comparable situation on Discrimination Act Regulations of 1999. grounds of sexual orientation. A transgender person is said to be going through transition Indirect discrimination is where when they move from living as a member of their assigned gender a policy or practice is applied to living in their ‘true’ gender. They may or may not choose to have which disadvantages people of a hormone treatment and/or surgery as part of this. particular sexual orientation unless it can be objectively justified. It is defined more broadly in these regulations than in current race discrimination law and there is no requirement to demonstrate the disadvantages through statistics.
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Law in Action
An example of indirect two shop workers of the same orientation because they are or discrimination would be one which sex are disciplined for holding thought to be lesbian, bisexual or gave preference to married people hands in view of the customers. An gay. in appointment or promotion and employer can no longer argue that Direct discrimination also covers therefore excludes people with it is worried what the customers discrimination on the grounds same-sex partners will think if workers are seen to of perceived sexual orientation, Harassment is defined as be gay. That would obviously be whether the perception is correct unwanted conduct which takes discrimination. or not. place with the purpose or effect The defence would have to be In this case, applicants will not of violating the dignity of a person that any two workers holding hands need to establish that they are gay and of creating an intimidating, in these circumstances would have to bring a complaint. If someone hostile, degrading, humiliating or been treated in the same way. If, has assumed them to be gay and offensive environment. however, the workers can persuade discriminated against them as a an employment tribunal that an consequence, that will suffice. What does sexual opposite sex couple would have The wording also covers orientation mean? been treated differently (or was discrimination by association. So treated differently), the tribunal words such as ‘Why are you so Regulation 2(1) defines sexual would be bound to conclude friendly with that poof?’ could orientation as meaning a sexual that this was sexual orientation constitute harassment on grounds orientation towards ‘persons of discrimination. of sexual orientation, even if the the same sex, persons of the person they are speaking to is opposite sex, or persons of the What is direct heterosexual. same sex and of the opposite discrimination? sex’. This means that it is unlawful to discriminate at work against Regulation 3(1)(a) defines direct people who are lesbian or gay, discrimination as occurring where a heterosexual, or bisexual. person is treated less favourably on The regulations cover not only grounds of sexual orientation. how people ‘are’, but the conduct For example it is unlawful to they display. It will be up to decide not to employ someone, to employers to regulate the conduct dismiss them, refuse to promote of their employees while on duty, them, deny them training, give provided that any such regulation them adverse terms and conditions is reasonable and even-handed. or deny them benefits available For example, take a case where to others of a different sexual
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Law in Action
What is indirect However statistically they are Is unintentional harassment discrimination? much less likely to have children outlawed? than heterosexuals. Any benefits Regulation 3(1)(b) prohibits indirect applying only to employees The fact that many lesbians discrimination. This is where an with children, for example free and gay men conceal their organisation has employment workplace crèches, or nursery sexual orientation, often for rules, selection criteria, policies vouchers, could be challenged fear of prejudice, renders them and other practices in place which as indirect sexual orientation particularly vulnerable to unwitting put people of a particular sexual discrimination. This would harassment. People can often orientation, including the person be subject to the defence of make anti-gay remarks on the who complains, at a particular justification mistaken assumption that everyone disadvantage when compared with present is heterosexual. others. How will the regulations The wording of Regulation 5 Indirect discrimination is affect harassment claims? makes it clear that lack of intention unlawful whether it is intentional to offend is no defence. If the or not. However, in contrast to Harassment on grounds of sexual conduct has the purpose or effect direct discrimination, indirect orientation is likely to be by far of violating a person’s dignity, discrimination is not unlawful if it the most common type of claim or creating an intimidating or can be shown to be justified as a brought under the new legislation offensive environment, and it is proportionate means of achieving and is prohibited by Regulation 5. reasonable for the complainant to a real business need. Harassment is defined as take offence, then it is harassment. Any preferential treatment for conduct that has the purpose or Ignorance is no excuse. married people in recruitment, effect of violating a person’s dignity Organisations may be held promotion or transfers is likely to or creating an intimidating, hostile, responsible for the actions of their attract an indirect discrimination degrading, humiliating or offensive staff as well as their staff being claim. Such treatment is bound environment for them. individually responsible. to put lesbians and gay men at a Regulation 5(2) provides that a disadvantage since they cannot person’s conduct will be seen to legally get married (except to have these effects if ‘having regard people they have no interest in to all the circumstances, including marrying). in particular the perception of [the Indirect discrimination claims complainant], it should reasonably could arise from benefits relating be considered as having that to children. Lesbians and gay effect.’ men can and do have children (by choice, from previous heterosexual relationships, by co-parenting or step-parenting, or by fostering, adoption or guardianship).
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Law in Action
Are there any circumstances However, the Regulations It remains to be seen in what where employers can make it unlawful for an employer circumstances an employer may discriminate? to provide employment-related succeed in relying on the regulation benefits to unmarried opposite-sex 7(2) exception. For example, the There are three main exceptions partners but deny them to same- proposition that heterosexuality where discrimination on grounds sex partners. was a genuine occupational of sexual orientation may requirement for serving in the be permitted, one involving Particular occupational armed forces was robustly rejected benefits for married couples requirements by the European Court of Human and two involving occupational Regulation 7 provides two kinds of Rights and the ban on lesbian and requirements. exception, where sexual orientation gay people was overturned, after a is ‘a genuine and determining case taken by Stonewall. Benefits for married couples occupational requirement’ and Regulation 7(3) permits Pension schemes that provide in the case of ‘employment for ‘organised religion’ employers to financial benefits to a surviving purposes of an organised religion’. apply a requirement relating to spouse are the most common Regulation 7(1) sets out the sexual orientation ‘so as to comply example of these benefits. scope of these exceptions. In with the doctrines of the religion’, Regulation 25 expressly excludes general, where either exception or ‘to avoid conflicting with the from the discrimination legislation applies, it permits discrimination strongly held religious convictions anything that prevents or restricts in refusing to appoint, promote of a significant number of the access to a benefit by reference or transfer people of a particular religion’s followers’. to marital status. This means that sexual orientation to a particular The High Court has agreed with where benefits specify ‘married’ position, or in dismissing them the government and ruled that the partners or spouses then they do from that position because of their exception in regulation 7(3) requires not have to be extended to cover sexual orientation. a very high standard to apply unmarried partners. But if such people are already and is very narrow in its scope. This will change when the employed (whether the employer It would not cover, for example, Civil Partnership Act 2004 is realises it or not) then unless teachers in a faith school as their implemented in late 2005/early and until they are dismissed, the sexual orientation would be of no 2006. Regulation 25 will be exceptions do not allow them to be relevance to their job. The exact amended so that its effect will be employed on less favourable terms limits of the exception will no doubt that all pension schemes, whether than others for example, paid less, have to be tested in more detail by occupational or private, will be harassed, or victimised. employment tribunals or the courts. obliged to provide survivor partner Regulation 7(2) applies where pensions to couples who choose ‘having regard to the nature of to register their partnership, as the employment or the context they currently do for spouses. This in which it is carried out... being parity of treatment between civil of a particular sexual orientation partnerships and spouses will also is a genuine and determining apply to other employment-related occupational requirement’. It must benefits. also be ‘proportionate’ to apply that requirement.
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Resources
Diversity in action Sample policy
Nationwide Building Society To access opportunities for As an employee of Nationwide training and development to you also have a responsibility Nationwide and the Nationwide enable you to develop your full to treat others with dignity and Group Staff Union (NGSU) are potential. respect. If you have been found committed to promoting a to have acted in a deliberately supportive and inclusive culture for To be supported in balancing discriminatory manner, appropriate all our employees, members and your work and home life disciplinary procedures will apply. third party business partners. By commitments and to have your integrating individual strengths, request considered objectively in Nationwide is committed to Nationwide will maximise efficiency line with business needs. monitoring the effectiveness and creativity, put members first of its diversity policy through and deliver greater member value. To be treated with dignity and the Diversity and Equality of respect in a fair and consistent Opportunity Committee (DEOC). As an employee of Nationwide you manner in an environment where The DEOC is led by the deputy can expect; inappropriate behaviour is not chief executive officer endorsed acceptable. by the Board, and comprises To be treated fairly and without executive managers/diversity discrimination during your Nationwide and the NGSU are champions drawn from across the employment with Nationwide, committed to promoting equality business and the NGSU. commencing with the recruitment for all. If you believe you have process, and having access to been subject to discrimination Nationwide supports its secondments and promotions in employment which is in direct diversity policy by providing further based on merit. conflict with our commitment to information to staff through its equality of opportunity, you should staff manual and a range of sites To be fairly appraised and consider raising this with your on the company Intranet. These rewarded for your personal line manager or trying to resolve include sites covering training and contribution to the business, taking it yourself. Alternatively, consider development, work-life balance into account internal and external registering a complaint through the and pay and benefits. comparisons and affordability. agreed grievance procedure.
To work in a healthy and safe environment free from hazards.
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Resources
Stonewall Diversity Champions Promoting diversity in the workplace
The Stonewall Diversity Champions we employ the best people Dave Wilson programme is the UK’s leading irrespective of religion, gender, Head of employment good practice forum on sexual sexual orientation, race, age or philosophy – BT orientation issues in the workplace. disability. Working with Stonewall ‘Becoming a Diversity It provides advice and support to enables us to share and learn best Champion demonstrates to major organisations in the private practice from others and to ensure our employees, customers and and public sectors, which between IBM is an inclusive and positive shareholders that BT values them employ more than two company in our dealings with difference and that we are million people. employees and customers alike.’ prepared to make a public The programme enables commitment to working with the employers to network with senior Tony Sleeman best to further develop BT as staff, share good practice, develop Senior diversity champion – Inland a diverse and equal employer, new ideas, access the latest Revenue supplier and business partner.’ thinking and knowledge, gain ‘I am delighted that Inland advice on specific organisational Revenue is part of the Stonewall James Crosby initiatives and promote diversity Diversity Champions programme. Chief executive – HBOS in the workplace. Members range Attitudes towards people ‘We’re proud to be part of the from the Department of Trade who identify as lesbian, gay or Diversity Champions programme and Industry, to Victim Support, bisexual present a significant and will work with Stonewall to from IBM to Shell and from and fundamental challenge in ensure that we continue to treat Ford to Goldman Sachs. Further the battle for inclusiveness so it’s all colleagues and customers fairly consultancy and support can be really exciting to be part of such a and with respect, while at the same provided as appropriate. positive and innovative venture.’ time providing them with first-class products and services.’ To contact Gary Hoffman Stonewall Diversity Champions Chief executive – Barclaycard telephone 020 7881 9440 or e-mail ‘Barclays has deliberately put [email protected] sexual orientation at the heart of its diversity strategy, on an What employers say about equal footing with issues such as Stonewall Diversity Champions. gender, race, age and disability. Larry Hirst It’s remarkable to see what this can Country general manager – IBM do for an organisation in terms of (UK) and Ireland openness and a renewed sense of ‘I greatly value IBM’s pride in being part of a company participation in the Diversity where each and every individual Champions programme. At IBM counts.’
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Resources
Contacts
Department of Trade & Industry SCOTLAND Enquiry Unit Advisory, Conciliation and Phone: 020 7215 5000 Arbitration Service (ACAS) Minicom: 020 7215 6740 Phone: 0141 248 1400 www.dti.gov.uk Helpline 08457 47 47 47 www.acas.org.uk Advisory, Conciliation and Arbitration Service (ACAS) Stonewall Scotland London Office: Phone: 0141 204 0746 Phone: 020 7210 3613 Email: [email protected] Helpline: 08457 47 47 47 www.stonewall.org.uk Minicom: 08456 06 16 00 www.acas.org.uk Employment Tribunal Service Scotland Stonewall Phone: 0141 204 0730 Phone: 020 7881 9440 Email: [email protected] Minicom: 020 7881 9996 E-mail: [email protected] Scottish Employment Rights www.stonewall.org.uk Network 0131 556 3006 TUC Know Your Rights Line WALES Phone: 0870 600 4882 Advisory, Conciliation and Arbitration Service (ACAS) Phone: 02920 76 2 636 Helpline: 08457 474747 www.acas.org.uk
Stonewall Cymru Phone: 02920 237 744 E-mail: [email protected] www.stonewall.org.uk
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Resources
Diversity Checklist
It is now illegal to discriminate on 4. Make the business case for feel confident about using your the grounds of sexual orientation. diversity procedures even if it would mean Here are ten key action points to Robust diversity policies contribute having to reveal their sexual help make the regulations work in substantially to long-term orientation. practice. competitiveness, attract higher skills, motivated employees and 8. Review terms and conditions 1. Understand the law loyal customers. More organisations Anyone with a same-sex partner The Employment Equality (Sexual are also making the link between is likely to be excluded from at Orientation) Regulations, became how they treat existing and least some workplace terms and law on 1 December 2003, and potential employees and how conditions. Review key benefits make it unlawful to discriminate in they are perceived by customers. such as pensions and insurance employment or training on grounds Persuade colleagues to see cover, and ensure your policies of sexual orientation. Lesbians, diversity issues as an opportunity explicitly state that benefits such gay men and bisexuals, are now not a threat. as parental leave, relocation entitled to protections similar to allowances and travel benefits are those already provided for women, 5. Build a culture of respect available to same-sex partners or disabled and black and ethnic Up to two thirds of lesbians and gay nominees of the employee’s choice. minority staff. men may conceal their sexuality from colleagues. They often find it 9. Manage performance fairly 2. Act now difficult to get support when private Ensure that everyone in your Make sure your policies and events affect their work. Work to organisation makes decisions based practices comply with the create an environment where LGB only on merit and competence. regulations. Employers now risk people can feel safe and do their LGB people are sometimes passed legal claims from staff who have best. Make equal treatment for LGB over for promotion, disciplined been treated less favourably people both a question of fairness unfairly or even dismissed for no in, for example, recruitment, and a question of common sense. good reason. They often find they promotion, training, or dismissal; are described as not being team are disadvantaged as a group by 6. Recruit fairly players, simply because they are workplace practice and policy Recruiters often have stereotyped unable to be entirely open about because of their sexual orientation; notions of what LGB people are their personal or social lives. or have been offended – either good at or not so good at, and intentionally or unwittingly – by these affect their decisions. They 10. Monitor and evaluate your homophobic actions or comments. may believe LGB people will policies and practices not fit in. Ensure that recruiters Monitoring is essential to check 3. Communicate the changes understand fair selection criteria whether unfair discrimination Explaining the new laws to staff and and apply them consistently. is going on and whether an line managers is critical. Make sure organisation’s diversity policy is everyone understands that LGB 7. Tackle harassment and bullying working in practice. Think about staff are covered by discrimination Often LGB people who have been how you will reassure LGB people legislation and knows what they harassed will not want to complain that it is safe to provide information must do to comply with the because it would force them to for monitoring purposes. regulations. come out as gay. Make LGB staff
www.stonewall.org.uk Design: Hart Design Photography: Michael Cheetham Editing and Production: Working Week Communications
Making it happen could not have been written without Equality Works www.equalityworks.co.uk
The new law in detail could not have been written without Anya Palmer, Old Square Chambers, Gray’s Inn, London WC1R 5LQ,
We are 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, HM Customs and Excise, IBM, JP Morgan, Levenes Solicitors, London Borough of Enfield, London Fire Service, Manchester City Council, Nationwide, Novas Ouvertures Group, NUT.
Ros Brett, Jan Bridget, Olivette Cole-Wilson, Chris Gildersleeve, Ali Harris, Katie Hathaway, Kirsten Hearn, Linda Kelly, Linda Jenkins, Juris Lavrikovs, Paul Martin, Helen Marsh, Emily Myers, Femi Otitoju, Sue Sanders, Maria Scordialos, Marianna Shapland, Clive Taylor, Stephen Whittle, Elaine Willis.
Consortium of LGB Voluntary and Community Organisations, LAGER, London Lesbian and Gay Switchboard, Naz Project, PACE, Regard, TUC.
www.stonewall.org.uk The Employment Equality (Sexual Orientation) Regulations Guidelines for Employers
www.stonewall.org.uk