Non-Normative Gender and Sexual Identities in Schools: - Schools Out

NATIONAL UNION OF TEACHERS FEBRUARY 2007
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 teacher's appointment.
GUIDANCE TO MEMBERS
1
SEXUAL ORIENTATION DISCRIMINATION