14 June 2005

The Civil Partnership Act 2004 (the Act), to come into force on 5 December 2005, will provide legal status to same-sex couple relationships in the form of a "civil partnership". In essence, the civil partnership will give same sex couples, who register as civil partners, similar rights and responsibilities as married couples.

Since the introduction of the Sexual Orientation Regulations (the Regulations) in December 2003 it has been unlawful for employers to discriminate on the grounds of sexual orientation whether that be because an employee is gay, lesbian, heterosexual or bisexual. It is proposed that amendments will be made to these Regulations to bring them into line with the Act. Specifically:

• A civil partner will have comparable status to a spouse. This will enable a same sex partner who is treated less favourably than a married person to claim sexual orientation discrimination
• An employer will generally be unable to justify less favourable treatment of a civil partner compared to a spouse.
• The Sex Discrimination 1975 makes it unlawful to discriminate on the grounds of marital status. The Act now makes it unlawful to discriminate on the grounds of being a civil partner in the same way. That is to say, being a civil partner is equivalent to being married.
• Same sex couples already qualify for family friendly employment rights and this will remain unaffected by the Act.

• Immigration – the Act gives civil partners similar immigration rights to those of married couples so that a non-European Union citizen civil partner of a British citizen will be able to apply to enter or remain in the UK. Currently, same sex couples have to show that they have been in a relationship for two years. It is expected that civil partners of work permit holders will be able to work in the UK without holding a work permit themselves.
• Employee benefits – benefits which are available to the spouse of a married employee must be made available to the civil partner on the same terms. This will commonly mean amendments to benefits such as private health insurance, staff discounts and use of company car.
• Pensions – the Act applies to state pensions, occupational pension schemes that are contracted-out of the State Second Scheme and public sector pensions. A surviving civil partner will be entitled to pension benefits in similar terms to a surviving spouse. The Act does not apply to occupational schemes that are not contracted out including group or personal pension plans but is suggested that it would be good practice to review these schemes in any event.
• It is anticipated that the Act will increase discrimination claims. Employees are often reticent to openly discuss their sexual relationship. However, the recognition of the legal status of these relationships may result in employees being more open about their sexuality. To minimise the risks of inappropriate comments being made by employees as a result, employees should ensure now that their equal opportunities policy covers discrimination on the grounds of sexual orientation and provide training to staff on civil partnerships.