CIVIL PARTNERSHIP ACT 2004

As you may have heard in the press, the Civil Partnership Act 2004 came in to force on 5 December 2005. This provides that same sex couples can obtain legal recognition of their relationship by forming a civil partnership. In registering their relationship with the local Council, they may enjoy the same legal rights afforded to married couples, in respect of matters such as inheritance, property occupation and pensions. They can also have a ceremony similar to a traditional marriage, however this will be exclusively civil and so it cannot have any religious element.

It has also been proposed that civil partners be afforded rights equivalent to married couples under existing employment legislation. This would include the right to paternity leave, statutory paternity pay, adoption leave, statutory adoption pay and the right to request flexible working. Additionally, it is thought that the Employment Equality (Sexual Orientation) Regulations 2003 will be amended to ensure that a civil partner is treated the same way as a spouse in the workplace. This would make it unlawful for an employer to treat a civil partner less favourably than a married person in similar circumstances, unless they show that the “genuine occupational requirement” exemption applied. It would also provide that the same benefits be provided to civil partners as those that are currently provided to married persons. These amendments are likely to be addressed over the coming months. In the meantime, there are several preparatory steps that an employer may take to ensure that they do not fall foul of the changes.

Steps Employers Should Take

• Review their employment documentation, such as their job application form, to include references to civil partners as well as spouses, and civil partnerships as well as marital status;

• Review their equal opportunities policy to ensure that it includes those in same sex relationships and recognises civil partnerships;
• Review the provision of employment benefits to married couples (such as medical expenses insurance) and extend these to civil partners; and
• Consider any informal practices, such as wedding gifts and spouse invitations to social events, and ensure that civil partners are included.

This article is not intended to be a comprehensive review of all developments in the law, or to cover all aspects of the chosen topic. You should take legal advice before applying information contained herein to any specific issue.