# Employment Equality (Sexual Orientation) Regulations 2003

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Timeline 342 MSM activity made illegal 1533 Death penalty introduced for MSM activity 1543 Buggery Act extended to Wales 1828 Offences Against the Person Act 1828 1835 James Pratt and John Smith executed 1861 Death penalty for buggery abolished 1885 Labouchere Amendment introduced 1889 Cleveland Street scandal 1895 Oscar Wilde found guilty of gross indecency 1912 The Cave of the Golden Calf opens 1921 Plans to make lesbian activity illegal defeated 1936 Mark Weston transitions 1952 John Nott-Bower begins crackdown 1954 Pitt-Rivers, Montagu, Wildeblood imprisoned 1954 Alan Turing commits suicide 1957 Wolfenden report released 1967 MSM activity made legal (England & Wales) 1972 First British Gay Pride Rally 1976 Jeremy Thorpe resigns as Liberal leader 1981 MSM activity made legal (Scotland) 1981 First case of AIDS reported in the UK 1982 MSM activity made legal (NI) 1983 Gay men barred from donating blood 1984 Chris Smith elected as first openly gay MP 1987 Operation Spanner begins 1988 Section 28 comes into force 1989 Stonewall UK forms 1994 Age of consent for MSM becomes 18 1997 Angela Eagle becomes first openly lesbian MP 1998 Bolton 7 found guilty 1998 Lord Alli becomes first openly gay Lord 1999 Admiral Duncan bombing 2000 Gay men allowed in HM Armed Forces 2001 Age of consent equalised to 16 2001 MSM activity involving multiple men legal 2002 Same sex couples granted equal rights to adopt 2003 Section 28 repealed 2004 Civil partnerships introduced 2004 Gender Recognition Act 2004 2006 Discrimination made illegal 2008 Equalised access to IVF for lesbian couples 2008 Incitement to homophobic hatred made a crime 2009 Public apology to Alan Turing 2010 Equality Act 2010 2011 Gay men allowed to donate blood (1 yr deferral) 2013 Nikki Sinclaire becomes first openly trans MEP 2013 Marriage (Same Sex Couples) Act 2013 2014 First same-sex marriages take place 2016 MSM activity not grounds for military discharge 2017 Turing law implemented 2017 Blood donation deferral 3 months (excl. NI) 2019 MPs legislate for gay marriage in NI 2020 Gay marriage legal across UK, incl. NI 2020 Blood donation deferral 3 months (incl. NI) 2021 Blood donation deferral equalised :
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The Employment Equality (Sexual Orientation) Regulations 2003 were secondary legislation in the United Kingdom, which prohibited employers unreasonably discriminating against employees on grounds of sexual orientation, perceived sexual orientation, religion or belief and age.
These Regulations have now been superseded by the Equality Act 2010.

## Outline

The regulations were brought into force under the terms of the European Communities Act 1972 as they were intended to implement within the United Kingdom the provisions of the EU Equal Treatment Directive covering discrimination on the grounds mentioned in the Amsterdam Treaty (disability, religion or belief, sexual orientation and age - with race and sex discrimination dealt with in other Directives - See EU Anti-Discrimination Directive).
The regulations, as implemented in Great Britain and Northern Ireland covered the following areas:
* Direct
* Indirect
* victimisation
* harassment
They included employment, vocational training, professional organisations and trade unions. Cases were heard by an employment tribunal or at the County Court or a sheriff court.
The Sex Discrimination (Gender Reassignment) Regulations 1999 were introduced as an amendment to The Sex Discrimination Act 1975, allowing employment protection for people who had undergone or were proposing to undergo gender reassignment.

## Cases

Cleanaway was the first company ordered to pay compensation to a worker under the regulations, after a gay manager quit following persistent harassment from his seniors because of his sexuality.
The case received widespread media attention, with the victim commenting that prior to the case he had tried to keep his sexuality a private matter. The Guardian described it as a landmark judgement, while a Stonewall spokesperson said the ruling showed such abuse "was no longer going to be tolerated" and compared the remarks directed at the victim to "jokes about 'Pakis'" from previous decades.
As well as the regulations there has been a succession of case law defining the phrase 'on grounds of sexual orientation' in Regulation 5.
One example decided in 2008 by the Court of Appeal was English v Thomas Sanderson Blinds Ltd 2008. Previously, protection had been extended so to as incorporate those perceived to be homosexual or bisexual, as well as through an association with homosexual or bisexual persons. However, the facts in English were that Mr. English was not gay, was not perceived to be gay by his tormentors, but was still treated as though he was. The tormentors in this case in fact knew that Mr. English was straight with children. The court found this was still sufficient connection to satisfy being 'on ground of sexual orientation' for Mr. English to be afforded protection under Regulation 5 of the Act.