Liverpool City Council - Lesbians, bisexual and gay men

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Lesbians and Gay men

Lesbians and gay men - what the law says

Below is a brief summary of some of the legislation which is relevant to lesbians and gay men.

The Sex Discrimination Act 1975, the Equal Pay Act 1970 and Article 119 of the Treaty of Rome and European Community Legislation and Directives make direct or indirect differential treatment in employment, pay and conditions on the grounds of gender illegal.

EU Employment Equality (Sexual Orientation) regulations 1 December 2003 makes it unlawful to discriminate against workers because of sexual orientation.  

Summary of Regulations

These Regulations apply to all employment and vocational training and include recruitment, terms and conditions, promotions, transfers, dismissals and training.  They make it unlawful on the grounds of sexual orientation to:

  • Directly discriminate against anyone - to treat them less favourably than others due to their actual or perceived sexual orientation
  • Indirectly discriminate against anyone - to apply a criterion, provision or practice which disadvantages people of a particular sexual orientation unless it can be objectively justified
  • Subject someone to harassment.  This is unwanted conduct which violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them having regard to all the circumstances including the perception of the victim.
  • Victimises someone because they have made or intend to make a complaint or allegation or have given or intend to give evidence in relation to a complaint of discrimination on the grounds of sexual orientation
  • Discrimination against someone, in certain circumstances, after the working relationship has ended.         

Within the Regulations, sexual orientation is defined as-

Orientation towards persons of the same sex (lesbians and gay men)
Orientation towards persons of the opposite sex (heterosexual)
Orientation towards persons of the same sex and the opposite sex (bisexual).

The Civil Partnership Act 2004 gives rights and imposes duties on people in same sex relationships who register their relationships as a civil partnership:-

  • Duty to provide reasonable maintenance for your civil partner
  • Duty to provide reasonable maintenance for children of the family
  • Civil partners to be assessed in the same way as spouses for child support
  • Equitable treatment for the purposes of life assurance
  • Employment as well as pension benefits
  • Recognition  under intestacy rules
  • Access to fatal accidents compensation
  • Protection from domestic violence
  • Recognition for immigration and nationality purposes.    

Transgender      

The Gender Recognition Act 2004 provides transsexual people with legal recognition in their acquired gender.  Legal recognition will follow from the issue of a full gender recognition certificate by a Gender Recognition Panel.  Before issuing a certificate, the Panel must be satisfied that the applicant:

  • Has, or has had, gender dysphoria
  • Has lived in the acquired gender throughout the preceding two years, and
  • Intends to continue to live in the acquired gender until death.         

Legal recognition will have the effect that, for example, a male-to-female transsexual person will be legally recognised as a woman in English law.  On the issue of a full gender recognition certificate, the person will be entitled to a new birth certificate reflecting the acquired gender (provided a UK birth register entry already exists for the person) and will be able to marry someone of the opposite gender to his or her acquired gender.

For more advice or information contact Equality & Human Rights Commission

How to report a homophobic incident or hate crime?

Read about International Day Against HOmophobia: IDAHO (MS Word [25Kb] opens in new window)

And to find out about upcoming events and world information visit the IDAHO website