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Sexual Orientation Discrimination – Guidance for members and
GUIDANCE FOR MEMBERS AND
SCHOOL REPRESENTATIVES
SEXUAL ORIENTATION DISCRIMINATION
Introduction
The Employment Equality (Sexual Orientation) Regulations 2003 (the Regulations) came into force on 1 December 2003.
The provisions cover employment and vocational training and give specific protection from direct and indirect discrimination, harassment and victimisation on the grounds of sexual orientation.
Under the Regulations it is unlawful to discriminate against a worker on the grounds of sexual orientation in relation to:
recruitment;
pay;
terms and conditions of employment;
training;
promotion;
transfer; and
dismissal.
It is unlawful in certain circumstances to discriminate against a former employee after the employment relationship has ended.
What is meant by the term sexual orientation?
The Regulations define sexual orientation as an orientation towards persons of the same sex, persons of the opposite sex, or persons of the same and opposite sex. The protection under the legislation is available to individuals who are gay, lesbian, bisexual or heterosexual. The term does not extend to gender reassignment, which is distinct from sexual orientation. The Sex Discrimination Act 1975 protects employees from discrimination on the grounds of gender reassignment.
Do the provisions protect all teachers?
Yes. All teachers are protected from discrimination at work. There is no qualifying period for protection from discrimination, the protection starts from day 1 of a teachers appointment.
What discrimination is covered?
The Regulations will protect teachers from discrimination, victimisation and harassment.
Direct Discrimination
The employer will be liable where a person - for example, an employer, head teacher, another teacher, or a school governor - discriminates against a teacher on the grounds of sexual orientation.
Indirect Discrimination
Employers must not have employment practices or procedures relating to employment which apply to everyone but disadvantage employees
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