Employees, Public Policy

What's new?

Under the new Employment Equality Regulations 2003, employees can bring cases against their employer if they have suffered 'direct' or 'indirect' discrimination, 'harassment' or 'victimisation' at work, due to their personal sexual orientation, or religion or belief. The new laws apply to all public and private employers and businesses of all sizes, and cover employee recruitment, terms and conditions, pay, promotion, transfers and dismissals.

How are 'sexual orientation' and 'religion or belief' defined?

'Religion or belief' is not explicitly defined, although coverage does extend beyond the more well known religions and faiths to include beliefs such as paganism and humanism, as well as those without religious or similar beliefs.

The sexual orientation regulations apply to discrimination on grounds of orientation towards persons of the same sex, opposite sex, or both, and include both perceived and actual orientation, as well as association.

What do employers need to do?

The government has produced two practical workplace guides to help businesses understand their new obligations. Suggestions include:

• ensure that sexual orientation and religion and belief are included in your equality policy;
• make staff aware that it is both unacceptable and unlawful to discriminate, harass or victimise someone on the grounds of sexual orientation or religious belief, and inform employees what to do if they suffer such discrimination;
• consider adding all forms of discrimination and harassment (sex, race, disability, gender reassignment, sexual orientation and religion or belief) to corporate disciplinary rules;
• consider whether your policies for granting time off for dependents or bereavement leave discriminate on the grounds of sexual orientation, either intentionally or implicitly;
• ensure that if you give benefits such as insurance or private healthcare to opposite sex unmarried partners, the same benefits are offered to same sex partners.

What don't employers need to do?

Business are not required to:

• collect data on sexual orientation, or religious beliefs of employees;
• provide time and facilities for religious or belief observance in the workplace. However, they should consider whether their policies, rules and procedures indirectly discriminate against some staff, and if so whether reasonable changes might be made;
• extend benefits such as insurance or private healthcare to cover unmarried partners if the existing policy only covers married partners.

But will the regulations work?

Critics warn that the law could be a minefield for companies, because of the potentially wide scope for interpretation. Companies could fall foul if they fail to allow time off for religious holidays, do not change working arrangements to allow employees to pray at certain times of the day, or insist on dress codes that members of some religions find unacceptable. Other hotspots might be the food served on office premises, and alcohol at work-related social events.

Where can I get more information?

Acas practical workplace guidance on the new Regulations: http://www.acas.org.uk and Acas advice line for employers (0845 600 3444).

Corporate Citizenship Briefing, issue no: 73 - January, 2004