Rights and Legislation

The following legislation is either aimed at promoting equality in general or is focused on promoting equality for LGBT people.

Human Rights Act 1998

The Human Rights Act means improved equal rights for every person living in the UK. The Act preserves the European Convention on Human Rights into UK Law and convention rights are now enforceable through UK courts.

Article 14 provides that Convention rights must be protected without discrimination on any grounds such as, sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. Disability as well as sexual orientation and mental status are thought to fall under "other status".

Sex Discrimination (Gender Reassignment) Regulations 1999

The Sex Discrimination (Gender Reassignment) Regulations 1999 clarify UK law relating to gender reassignment. They are in place to prevent discrimination against transgender people on the grounds of sex in pay and treatment in employment and vocational training.

The regulations have been inserted into the Sex Discrimination Act 1975, which extends the Act to include discrimination on gender reassignment grounds. Thus, it is unlawful to discriminate against someone if he or she:

intends to undergo gender reassignment, or
is undergoing gender reassignment, or
has at some time in the past undergone gender reassignment

Discrimination in this context means treating a transsexual person less favourably than you treat (or would treat) another employee who has not, or is not currently or intending to undergo gender reassignment.

Employers who breach the Sex Discrimination Act 1975 in respect of discrimination on gender reassignment grounds will be liable in the same manner they would, for example, for discrimination against women on grounds of sex.

The Gender Equality Duty also includes discrimination against transgender people.

Age of Consent – (Amendment) Act 2000

From January 2001 the age of consent was equalised for everyone – gay men, lesbians and heterosexuals. The age of consent is 16 in England, Wales and Scotland, and 17 in Northern Ireland.

In 1967, when gay sex was partially decriminalised, the age of consent for gay men was set at 21 compared to 16 for heterosexual people and lesbians. This inequality was enshrined in legislation to reflect society’s general disapproval at the time of same sex relationships.

In 1993, Stonewall began organising the first major campaign for an equal age of consent. It took eight years of lobbying by LGB people across the UK and a ruling by the European Court of Human Rights that the unequal age of consent was discriminatory, before the age of consent was equalised for everyone.

Repeal of Section 28

Section 2A of the Local Government Act 1986, commonly known as Section 28, was repealed in 2001 in Scotland and in 2003 in England and Wales. This piece of legislation caused distress to many LGBT people and their families throughout the UK. The legislation stopped local authorities from ‘promoting homosexuality’. It also labelled gay family relationships as ‘pretend’.

According to Stonewall, the existence of Section 28 caused confusion and harm. Teachers were confused about what they could and could not say and do, and whether they could help pupils who were victims of homophobic bullying and abuse. Local authorities were unclear as to what legitimate services they could provide for lesbian, gay and bisexual members of their communities.

Employment Equality (Sexual Orientation) Regulations 2003

The Employment Equality (Sexual Orientation) Regulations 2003 make it unlawful to discriminate against workers because of their sexual orientation. They ensure that people can no longer be denied jobs or dismissed because of prejudice; that complaints about harassment are dealt with; and that every one has an equal chance of training and promotion, whatever their background. The regulations define sexual orientation as:

Orientation towards persons of the same sex (lesbians and gay men).
Orientation towards persons of the opposite sex (heterosexual people).
Orientation towards persons of the same sex and the opposite sex (Bisexual people).

Gender Recognition Act 2004

The Gender Recognition Act 2004 gives transsexual people legal recognition in their true gender and ensures that they are afforded all the rights and responsibilities appropriate to that gender. The Act also safeguards the privacy of transsexual people wherever appropriate.

Gender Recognition Panels have been established to determine applications for legal recognition. Successful applicants need to demonstrate to legal and medical panel members that they have, or have had, gender dysphoria; that they have lived for at least the last two years in their acquired gender; and that they intend to live in their acquired gender permanently.

Successful applicants will be issued with a gender recognition certificate and will have the right, from the date of recognition, to marry in their acquired gender and to be given birth certificates that recognise the acquired gender. Transsexual people will be able to obtain benefits and state pension just like anyone else of that gender.

Civil Partnership Act 2004

The Civil Partnership Act received Royal Assent in November 2004. Adults in same sex relationships are entitled to a new civil status as “registered civil partners” if they are not closely related, in existing marriages or registered partnerships. With effect from late 2005, same sex partners can now register their partnerships.

The Act provides same-sex couples who form a civil partnership with equal treatment in a wider range of legal matters with those of opposite sex couples who enter into a civil marriage. For more information about entering a civil partnership within Hackney, please view the following link

If you have recently entered a Civil Partnership – congratulations!

If you work for Hackney Council and want to find out your rights in relation to your civil partnership, for example pensions rights, contact your Directorate HR section (by email or letter).

Page updated: 15 Jun 2010