|
Q: Will there be restrictions on couples in a civil
partnership who are both in the Armed Forces serving on the same unit?
A: The current rules covering the employment of married couples within
the same unit will apply to those in a civil partnership. Co-location
will be 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.
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 DE/DHE personnel to enforce the housing regulations.
Q: Now that same-sex couples will be able to 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.
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.
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.
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.
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.
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.
RN: DNLM SO1 DEO, Victory Building, H M Naval Base, Portsmouth, PO1
3LS.
Telephone: Portsmouth (9380) 27624.
Army: PS4(A), Directorate of Personal Services (Army), Trenchard Lines,
Upavon, Pewsey, Wiltshire, SN9 6BE.
Telephone : Upavon Mil (94344) 5943.
RAF: SO2 TCOS, HQ PTC, Bldg 255, RAF Innsworth, Gloucester
GL3 1EZ
Telephone: Innsworth (95471) 7873
content on this page is partly derived from:
- GUIDANCE ON RELIGION AND BELIEF IN THE MOD CIVIL SERVICE AND ARMED
FORCES
(6 Apr 05 draft)
page: military
documents ::
faq-commanders.htm
updated: 15 Nov 06
|
