Sexuality

In December 2003, the Employment Equality (Sexual Orientation) Regulations 2003 came into force in the UK. The regulations represent a major legislative change that all employers, including PCTs will be required to comply with. They cover direct and indirect discrimination, victimisation and harassment in employment and vocational training on the grounds of sexual orientation. Employees who believe that they have been discriminated against on the grounds of sexual orientation will be able to take discrimination cases to employment tribunals.

The existence of increasingly strong national legislation and European directives recognises that all lesbian, gay and bisexual people should share the same fundamental human rights as everyone else. The new employment regulations are a strong example of that and Bolton PCT has acknowledged this within their Equality and Diversity policy, strategy and action plan to provide a safe, supportive and respectful environment for its lesbian, gay and bisexual employees.

One of the challenges facing the PCT is a lack of visibility of lesbian, gay and bisexual communities. If lesbian, gay and bisexual people choose to be open about their sexuality, they worry that they might risk discrimination in recruitment, training and promotion. They are therefore often feel forced to be silent about their sexuality which can cause stress and ultimately sickness and absence from work. Lesbian, gay and bisexual people should be free to say as much or as little as they like about their sexuality and to express their sexual identities in ways that are comfortable to them.

To enable lesbian, gay and bisexual employees to have dignity and respect at work, the PCT has a responsibility to ensure that homophobia and heterosexism are eradicated from workplaces. Lesbian, gay and bisexual employees should be able to be open about their sexuality without fear of hostility, ridicule and stereotyping from colleagues and managers. The provisions on harassment in the new employment regulations refer to the violation of dignity and the creation of an offensive environment.

Research has demonstrated that workplaces can be sites of hostility and prejudice for lesbian, gay and bisexual people. Discrimination against lesbians, gay men and bisexuals in employment can manifest itself in a variety of ways including insulting behaviour, physical attacks, threats and other forms of harassment. A survey of UNISON's lesbian and gay members in 2003 found that 52% had experienced discrimination because of their sexuality. Only 5% felt positive about the way their employer had dealt with the incident.

Many lesbian, gay and bisexual people remain 'minorities within a minority' and, as such, invisible and marginalized. These can include those who are disabled, young, old, asylum seekers, or from black and ethnic minority communities. These people may experience multiple discrimination, including within their own communities.

Useful Documents :

• Sexual Orientation and the Workplace: a guide for employers and employees.  
  ACAS, 2003
• 'Not Just a Friend' Best practice guidance on health care for lesbian, gay and bisexual service users.  
  Royal College of Nursing and UNISON.
• Information on how to access A guide for local authorities on engaging with lesbian, gay and bisexual communities. 
  Association of Local Government, Stonewall and UNISON
• Information on how to access the leaflet Lesbian and gay workers' rights. 
  Labour Research Department, 2003

Useful Links:

• Information about Civil Partnerships 
• Lesbian Health Guide
• Stonewall guide to employment equality (sexual orientation) regulations
• Stonewall guide on where to find legal advice relating to discrimination on the grounds of sexuality at the workplace
• The Bolton Lesbian Gay and Bisexual Support site
• The Gay Health Alliance