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ACAS
ALERTS EMPLOYERS TO NEW LAW ON SAME-SEX RELATIONSHIPS RIGHTS
The new law coming in on 5 December 2005 on Civil Partnerships mean that
employers will need to look at their systems and processes to ensure
they are treating staff fairly and, just as importantly, make them
aware of their new rights.
The new legislation means that benefits provided to married employees
and their spouses must be provided to employees who are civil partners
and to their civil partners - for example survivor pensions, flexible
working, statutory paternity pay, paternity and adoption leave, health
insurance or time off before or after marriage /registration. There
are no legal requirements to offer such benefits to couples of either
the same or opposite sex who have not entered into a marriage or civil
partnership. However, where benefits are
made available to unmarried couples of opposite sex they must be
extended equally to same sex couples who have not registered a civil
partnership.
Employers should:
* Review and revise all policies, guidance, forms and other material to
reflect the new arrangements and make clear that wherever 'spouses' and
'marriage' are used that that includes 'civil partners' and 'civil
partnerships'.
* Let all staff know about these changes and remind them not to
discriminate directly or indirectly on the grounds of actual or
perceived sexual orientation.
Ensure that employees know how to claim any relevant benefits. Ensure
that any occupational pension scheme gives the same benefits to civil
partners as to widows and widowers.
* Maintain confidentiality where employees want it. No-one
should have their sexual orientation revealed or inferred by
inappropriate disclosure of their status.
* Avoid forcing people to identify themselves as either married or in a
civil partnership. In most situations because the treatment given to
civil partners and married people is the same, there should be no need
for separate identification. However, some employers may want to record
data for equality and diversity monitoring. In either case, any data
which is held should be held confidentially and securely so that
no-one's status can be inappropriately disclosed or deduced and
procedures to access benefits should be similarly secure. There is no
legal duty for employees to inform their employer of registration of a
civil partnership.
Rita Donaghy, Acas Chairman said:
"This is a significant change. The Civil Partnership Act creates a
new legal relationship which for the first time recognises same-sex
relationships by giving parity of treatment with married couples across
a wide range of legal issues. This has implications for employers. For
example, if you are making a benefits package like private health care
available to the spouse of an employee, you now need to make it
available to any civil partners of employees too.
"This is straightforward enough, but managers should also think
about the sensitivities of the situation - employees should not be
singled out via a separate system and they may need help to understand
these
changes and the implications in terms of benefits available to them or
their civil partner.
"The wise employer will have already reviewed their internal
processes and anticipated the changes needed but for those who have not
Acas can help. The best practice guidance on our website
provides a good starting point and those with individual queries can
call our helpline for more help."
Notes
1 The Acas helpline - 08457 47 47 47 is open from
8am
to
6pm
Monday to Friday.
2 Acas' aim is to improve organisations and working life through better
employment relations. It provides information, advice, training and a
range of services working with employers and employees to prevent or
resolve problems and improve performance. It is an independent statutory
body governed by a Council consisting of the Acas Chairman and employer,
trade union and independent members.
Acas National
Brandon House,
180 Borough High Street
,
London
SE1 1LW
www.acas.org.uk
(7/12/05)
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