Q. I run my own business and have found out that one of my employees is to enter into a same sex marriage. Could you please summarize the legal implications of this for me, with particular reference to how this may affect me as an employer?
A. The Civil Partnership Act 2004 came into force on 5 December 2005 and enables two people of the same sex to gain legal recognition of their relationship by entering into a "civil partnership". As well as creating rights and responsibilities between the civil partners themselves (akin to the rights of married couples) the CPA also creates rights between the civil partners and third parties, including employers.
A civil partner who is treated less favourably than a married person may bring a claim for discrimination on the grounds of sexual orientation. For example, any benefits (such as private medical insurance) provided by an employer to the spouses of its employees must also be extended to employees' civil partners.
Civil partners and married people also enjoy certain benefits, such as survivor benefits on occupational pensions, and they are entitled to paternity and adoption leave and pay (including adoption from overseas), as well as the right to request flexible working.
The Immigration Rules were amended so that civil partners are treated the same way as spouses of work permit holders working in the UK.
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