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].
Applicabilityto the Crown. These Regulations apply
.. [to the Crown] .. as they apply to an act done by a private person.
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him; and that complaint has not been withdrawn.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 >
Can't find the information you are looking for? Search the entire
proud2serve.net site and forum using Google, MSN Search or our own
search engine > go to the search page
