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This page contains extracts of the text of the Sexual Orientation Regulations (2003) as relevant to HM Armed Forces. Entries in bold are included on Proud2Serve.net

The 2003 Sexual Orientation Regulations establish a general framework for equal treatment in employment so far as it relates to discrimination on grounds of sexual orientation. They make it unlawful to discriminate on grounds of sexual orientation in employment and vocational training and prohibit direct discrimination, indirect discrimination, victimisation and harassment. These regulations apply to Crown servants

Definitions

Sexual orientation is defined as meaning a sexual orientation towards persons of the same sex, persons of the opposite sex, or to both persons of the same sex and of the opposite sex.

Direct discrimination occurs where a person is treated less favourably than another on grounds of sexual orientation.

Indirect discrimination occurs where a provision, criterion or practice, which is applied generally, puts persons of a particular sexual orientation at a disadvantage and cannot be shown to be a proportionate means of achieving a legitimate aim.

Victimisation occurs where a person receives less favourable treatment than others by reason of the fact that he has brought (or given evidence in) proceedings, made an allegation or otherwise done anything under or by reference to the Regulations.

Harassment occurs where a person is subjected to unwanted conduct on grounds of sexual orientation with the purpose or effect of violating his dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for him.

Not all differences of treatment on grounds of sexual orientation are unlawful. There are exceptions for differences of treatment related to national security.

From a military perspective, the sections which are of note are:

Exception for national security. Nothing ... shall render unlawful an act done for the purpose of safeguarding national security, if the doing of the act was justified by that purpose.

Access to employment tribunals. An employment tribunal shall not consider a complaint under [employment tribunal] unless it is presented to the tribunal before the end of the period of six months so beginning [for service personnel].

Applicability to the Crown. These Regulations apply .. [to the Crown] .. as they apply to an act done by a private person.

Applicability to service personnel. These Regulations apply to service in the armed forces; details of MOD civilian monitoring of sexual orientation are listed separately

Redress. A complainant may present a complaint .. to an employment tribunal .. only if he has made a complaint in respect of the same matter to an officer under the service redress procedures applicable to him; and that complaint has not been withdrawn. A complainant shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures applicable to him, he fails to submit that complaint to the Defence Council under those procedures (referred to in section 180 of the Army Act 1955, section 180 of the Air Force Act 1955 and section 130 of the Naval Discipline Act 1957) .

An abridged text of the full Sexual Orientation Regulations follows on the next pages >