Civil Partnerships Communiqué

As from 5 December 2005 same-sex couples will be given the right to register a civil partnership, bringing with it many of the same rights and responsibilities as marriage.

Employers will need to review policies and practices to ensure compliance with the new legislation.

When the provisions of the Civil Partnership Act 2004 come into force on 5 December 2005 same-sex couples will be able to form a civil partnership by registering as civil partners.

Much of the publicity given to the new rights to date has been concentrated on Elton John and David Furnish, and more recently George Michael and Kenny Goss. However, the Act brings with it so much more than the opportunity for a celebrity knees-up.

The effect of the legislation is to ensure that those forming a civil partnership will have similar rights and responsibilities to married couples.

So, how will it affect you as an employer?

Employee Benefits

From 5 December access to a benefit by reference to marital status will still be permissible where the right to it accrued, or the benefit is to be paid in respect of periods of service, prior to the coming into force of the Act.

However, from that date it will only be possible to confer future benefits on married persons if those in civil partnerships are also offered the benefit.

You should therefore carry out a review of your benefits provision to ensure compliance. So, for example, if certain aspects of a benefits package are made available to the spouse of an employee, these should also be made available to an employee's civil partner (e.g. private health insurance).

If you already provide benefits to same-sex partners of employees you should not be complacent. You should double-check for additional benefits on offer to married employees, for example, extra "honeymoon" leave, as these should also be extended to civil partners.

Pensions

A key area where new rights will have an impact is in relation to contracted-out private pension schemes.

The new legislation will extend the requirement to pay survivor pension benefits to the civil partner of a deceased scheme member.

If your organisation has a contracted out pension scheme, the rules will need to be amended to comply with the legislation and you should check with the trustees of your scheme to ensure this has been actioned.

Paternity and Adoption Leave

The introduction of the Act also means that entitlement to paternity leave, adoption leave, statutory paternity pay and statutory adoption pay will be extended to civil partners.

You should ensure policies are updated to reflect this change.

Time off for Dependants

All employees are entitled to take a reasonable amount of time off during working hours to deal with certain unexpected problems involving a dependant. The definition of dependant will be extended to include a civil partner and your documentation should be amended accordingly.

Flexible Working

Employees have the right to request flexible working arrangements to care for a child under the age of 6 (or under the age of 18 if the child is disabled). This right will be extended to the civil partner of a person with such a child. Again, you should ensure your policies are updated to reflect this change.

Overseas Relationships

Same-sex couples in certain overseas relationships may automatically be considered "civil partners" in the UK, for example, those married in the Netherlands, or who form a civil union in the US State of Vermont! A full list of recognised overseas relationships can be found here:

http://www.womenandequalityunit.gov.uk/lgbt/faq.htm

Sensitivities

You should be alive to any sensitivities surrounding the issue of civil partnership. While somebody may have entered into such a union, they may not wish this to be common knowledge in the workplace. Rather than have separate but perhaps identical policies - one for civil partners and another for spouses - one policy covering both groups would be preferable.

Just as there are those who will not want their civil partnership to be common knowledge, there are others who absolutely will. It may well be that an individual will want to change their name, or hyphenate it with their partner's. It is customary for a marriage certificate to be used as evidence of a name change, therefore a civil partnership certificate should also be accepted in the same way.

If an employee who has entered into a civil partnership is harassed, it is possible s/he would have a tribunal claim. Your anti-harassment policies and training should be updated to help avoid this.

Communication

Ensure you communicate these changes to all employees and make sure individuals know how to claim benefits available to them or their civil partner.

Further Advice

Should you require further information on the issues raised, please speak to your usual Maclay's contact, or :

Amanda Jones (0131 271 4133)
[email protected]

Alison Weatherhead (0141 303 2381)
[email protected]

Claire Evans (020 7002 8557)
[email protected]