Key legislation

The following legislation sets out the requirements to protect employees from discrimination. These are minimum requirements. The NHS People Plan describes our ambition to be an inclusive organisation led by inclusive managers at all levels building inclusive culture and practice. As part of this journey, it’s important for you to be familiar with the legislation that guides inclusion and know your own organisational policies and procedures.

Equality Act 2010

The Equality Act 2010 offers legal protection from discrimination in the workplace and society. This vital legislation brought previous anti-discrimination laws under a single Act, strengthening protections, and making the law easier to understand by clearly setting out the ways in which it’s unlawful to treat someone. It is against the law to discriminate against anyone based on any of these protected characteristics:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

The Equality Act not only simplifies the legal landscape but also strengthens the protection, ensuring that discriminatory practices are clearly identified and addressed. Being aware of these protections helps you, as a manager to create a workplace where everyone feels valued and respected.

Gender Recognition Act 2004

The Gender Recognition Act 2004 covers the legislation in relation to gender. Gender indicates that a person’s gender identity is the same as the gender associated with the sex they were assigned at birth.

The Public Sector Equality Duty

The Public Sector Equality Duty was developed to harmonise the equality duties and to extend it across the protected characteristics. It consists of a general equality duty, supported by specific duties, which are imposed by secondary legislation. In summary, those subject to the equality duty must, in the exercise of their functions, have due regard to the need to:

• Eliminate unlawful discrimination, harassment victimisation and other conduct prohibited by the Equality Act 2010.
• Advance equality of opportunity between people who share a protected characteristic and those who do not.
• Foster good relations between people who share a protected characteristic and those who do not.

These are sometimes referred to as the three aims or arms of the general equality duty. The Equality Act 2010 also explains that having due regard for advancing equality involves: * Removing or minimising disadvantages suffered by people due to their protected characteristics. * Taking steps to meet the needs of people from protected groups where these are different from the needs of other people. * Encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

Section 28 of Local Government Act 1988

The Local Government Act 1988, specifically Section 28, prohibited local authorities from promoting homosexuality in schools. This legislation led to significant confusion and often resulted in the suppression of discussions about homosexuality in schools, causing harm and fostering an environment of silence and fear. The amendment stated that local authorities;

…shall not intentionally promote homosexuality or publish material with the intention of promoting homosexuality…’ or ‘…promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship…

This was repealed by the Local Government Act 2003, which was a significant step towards equality and inclusion.

Civil partnerships and marriage

The Civil Partnership Act 2004 initially provided a way for same-sex couples to legally register their partnerships. The Marriage (Same Sex Couples) Act 2013 further advanced equality by legalising same-sex marriages. This ensures that all couples have equal recognition and rights under the law. We would recommend watching this video of Kitzinger and Wilkinson discussing Equal Marriage Rights: PFV interview with Celia Kitzinger and Sue Wilkinson: Equal marriage.

Gender recognition reform: Moving forward

There are ongoing efforts to improve how gender recognition is handled. Recent efforts, such as the Gender Recognition Reform (Scotland) Bill, aim to make the process of gender recognition more accessible by removing the requirement for a medical diagnosis and simplifying the legal procedures involved. However, this bill has faced significant political challenges, highlighting the ongoing debate about gender recognition laws.

For a more extended discussion and insights into key legislations in relation to LGBTQIA+, you might like to explore the following resources:

• Joe Lycett, Stephen K Amos, Colm Tóibín on how gay life has changed
• BBC: News on gender recognition reform

Understanding these laws and their background helps to appreciate the importance of our roles in fostering an inclusive and supportive workplace. By familiarising yourself with these laws and your organisation’s policies, you can help create an environment where diversity is celebrated, and everyone feels valued. It’s not just about compliance; it’s about creating an environment where everyone feels they belong and can thrive.