CIVIL PARTNERSHIP ACT- Recognition for same sex couples

Considerable press attention was given in December 2005 to the registration of same sex couples under the Civil Partnership Act 2004, the first of which took place on 21 December 2005. These are not marriages as such, although they are registered in much the same way at the local Register Office. Britain now joins an extensive number of European countries which recognise such partnerships, including France, Denmark, the Netherlands……..

The Civil Partnership Act basically gives legal recognition to same sex couples who have registered under the Act. It provides them with the legal rights enjoyed by husbands and wives. The impact of this in the field of employment is significant, to say the least. Employers must be aware of the consequences of the Act, or face a potential discrimination claim under the Employment Equality (Sexual Orientation) Regulations 2003.

So, what should an employer do in order to ensure compliance with employment law? Below are some pointers:-

  • Ensure that your equal opportunities, equality and diversity and bullying and harassment policies are all up to date and include sexual orientation.
  • Where necessary, provide training to all employees on the above policies.
  • Make all employees aware of the Civil Partnership Act and how to claim any benefits as a result of the Act.
  • Ensure that any benefits which are currently offered to employees’ spouses are also offered to those employees’ partners who are registered under the Act. For example, private healthcare.
  • Check any pension arrangements to ensure they do not discriminate against such partners.
  • If you refer on any documentation to “spouse” or “marriage”, also add a reference to “civil partner” or “civil partnership”. Also be aware that the partners may wish to change their name.
  • Pubs/clubs should avoid advertising for a “husband and wife team” as many do. This is likely to be seen as direct discrimination on the grounds of sexual orientation.
  • Be aware of partners’ rights under legislation dealing with paternity, adoption leave and time off to look after dependents.

Many employers will feel this is yet another burden placed on them by the already cast amount of employment legislation. However, Jacqui Smith, Deputy Women and Equality Minister, stated “I hope this Act will create a more equal society”. Certainly this is an ideal to which we shall all be striving.

We are Raworths recognise that the area of employment law is a minefield for all employers. We hold seminars twice a year to explain the changes in employment law to businesses. Our next seminar will be held in April 2006. To book a place, please contact the employment unit.

January 2006