Help & Advice - Guides for Commanders, Colleagues and Families

"Commanding officers have a key role to play in creating a culture in which gay and lesbian personnel feel confident that they work without being harassed or bullied because of their orientation."
- Cdr Tim Kingsbury, RN Equality and Diversity (Feb 2005).

CIVIL PARTNERSHIP ACT 2004 – QUESTIONS AND ANSWERS

Q: Are there restrictions on couples in a civil partnership who are both in the Armed Forces serving on the same unit?
A: The rules covering the employment of married couples within the same unit will apply equally to those in a civil partnership. Co-location is possible, subject to the availability of suitable posts.

Q: Will there be any restriction on where personnel in a civil partnership can be posted?
A: Yes. Although Service regulations will not prevent those in a civil partnership from being considered for worldwide service, there may be some overseas locations where local laws, customs or agreements with the host nation will preclude those in a civil partnership serving accompanied. In such circumstances the Service person will be deemed to be serving Unaccompanied and will be entitled to the relevant allowances commensurate with that status.

ACCOMMODATION - THE DOMESTIC DIMENSION

Q: Does an individual have a legal right to refuse SFA because a same-sex couple will be a near neighbour?
A: An individual does not have to live in SFA. It is entirely a matter for him/her whether or not to take up the offer of SFA but if the reason for not doing so is related to the fact that a same-sex couple will be a near neighbour, he/she has no legal right to demand alternative accommodation. In this matter, all personnel have an obligation to adhere to the regulations covering the allocation of accommodation, which will be made without regard to gender, race, sexual orientation, religion or belief. It will fall to local Defence Estates personnel to enforce the housing regulations.

Q: Now that same-sex couples can occupy SFA why can this entitlement not be extended to cohabiting heterosexual couples?
A: This provision extends to same-sex couples who will be entitled to occupy SFA by virtue of having entered into a Civil Partnership, thereby gaining the same legal recognition as a married couple.

ARMED FORCES CODE OF SOCIAL CONDUCT

Q: This policy change has the potential to raise questions, and possibly disquiet, from some individuals. As a Commanding Officer, how do I deal with these?
A: Whilst the issue can be emotive for some people, questions can be readily addressed by making personnel aware of the legal status of civil partners, together with continuing to seek to change attitudes through on-going equality and diversity programmes. The Code of Social Conduct for the Armed Forces and MOD policy make it clear that unlawful discrimination on grounds of gender, race, sexual orientation, religion or belief will not be tolerated. Couples who have entered into a civil partnership have entered into a legal relationship. Any intolerance towards such a relationship could amount to discrimination and therefore contravene the Armed Forces Code of Conduct and will be dealt with accordingly.

RIGHT TO PRIVACY

Q: As a Commanding Officer, how should I deal with the Serviceman or woman who complains that their civil partnership is the subject of gossip and inappropriate behaviour from colleagues/neighbours?
A: If the individual seeks advice on what to do, he or she may be advised to consider whether talking informally to the relevant individuals might effectively defuse the situation. Counselling may also be appropriate. Commanding Officers must also be alert for any signs of harassment, victimisation or bullying of the individual and take steps to prevent this from developing. If an individual wishes to complain about such a matter the normal procedures relating to bullying/unlawful discrimination will apply.

STATUS OF PARTNERS

Q: What is the position where the Service person dies?
A: The surviving partner will be treated in the same manner as would a widow(er), and would have access to the same range of welfare support.

Q: What is the position if a Service person wishes to co-habit with a same-sex partner but does not wish to register under the Act?
A: The only circumstance under which the Services would allow cohabitation with someone of the same sex in Service Family Accommodation is when they are registered under the Act. Cohabitation in private accommodation is an entirely private matter.

Q: What is the position regarding entitlement to SFA for those undergoing initial training?
A: SFA would not be made available in such circumstances, as is also the case for married personnel.

OPPOSITE SEX PARTNERSHIPS

Q: What about an ‘entitled partners’ policy?
A: While the policy on eligibility to entitlements to Service allowances is kept under constant review, the MOD has no immediate plans to introduce a policy to provide Service personnel in a stable relationship that it not legally recognised with the same, or similar, allowances and entitlements as married personnel. This is in accordance with current Government policy, which requires couples to be in a legally recognised relationship if they wish to receive the same entitlements as a married couple. Changes to the current position would be notified to Service personnel in that event.

THE RIGHT TO RELIGIOUS EXPRESSION VS SEXUAL ORIENTATION

Q: How does the MOD propose to reconcile its policy to accommodate different religious beliefs when the tenets of some religions appear to conflict with the MOD’s diversity policy with regard to sexual orientation?
A: Potential conflicts may arise where the Regulations on religion appear to infringe the rights given to an individual under the Regulations on sexual orientation. The right for everyone to be treated with dignity and respect in the workplace applies irrespective of sexual orientation or religion or belief. In cases where an individual claims that his or her behaviour towards a gay, lesbian or bisexual colleague is founded on religious conviction, the protection from discrimination and harassment afforded by the Regulations on sexual orientation take precedence over the right to religious expression. This means that personnel of any religion or belief cannot refuse to work with someone on the grounds of their sexual orientation, and vice versa.

FURTHER HELP

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Bullying, harassment and problems on unit :: partnership and relationship advice :: thinking about joining up

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