A Guide for Managers Supporting Lesbian, Gay and Bi Staff - June 2013 Reviewed: September 2020, January 2024

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What the Law says

Under the Equality Act 2010 sexual orientation is a protected characteristic, whether an individual is lesbian, gay, bi or straight. Under the Act, it is unlawful to discriminate on the grounds of someone’s sexual orientation or perceived sexual orientation. It also prohibits discriminating against someone because of their association with someone who is lesbian, gay or bisexual. This applies to all employers.

Marriage and civil partnership is also a protected characteristic under the Equality Act 2010. Section 8 of the Act provides that a person has the protected characteristic of marriage and civil partnership if the person is married or a civil partner.

The Civil Partnerships Act (2004) created a union, at that time for same sex couples only, and rights that are equivalent to marriage so that same sex couples could register their civil partnership. With effect from December 2019, eligible opposite sex couples may also register a civil partnership.

The law says that an employee who has had a civil partnership is entitled to:

  • Take their partner’s name.
  • Have the same rights as married couples under next of kin rights.
  • Rights in relation to their partners children.
  • Certain tax rights, including the same inheritance rights as married heterosexual couples.
  • Pension rights.
  • Some welfare benefits.
  • The same “perks” and benefits at work as married couples.

Other rights can relate to:

  • Adoption, paternity leave and housing.

People who are married or who are civil partners share the protected characteristic of marriage and civil partnership. The Equality Act 2010 explains that a married man and a woman in a civil partnership both share the protected characteristic of marriage and civil partnership.

The Marriage (Same Sex Couples) Act 2013 came into force on 13 March 2014. This Act extends marriage to same-sex partners in England and Wales.) A civil partnership is one that is registered under the Civil Partnership Act 2004, including those registered outside the UK.