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 Home Resources Library Equality
Bargaining for equality lesbian and gay rights No 1Date: 07 February 2004
Unions have an important role in promoting equality at work for their lesbian and gay members. Why are lesbian and gay rights an Usdaw issue?According to a recent publication by the TUC, lesbian and gay workers account for one in ten working people. This could mean that Usdaw has over 30,000 lesbian and gay members and many thousands more potential members. In a recent TUC survey, two thirds of non-unionised lesbian and gay workers said they would be more likely to join a union if they believed lesbian and gay rights would be taken seriously. Clearly there is real recruitment potential in organising and reaching out to lesbian and gay workers. As a result of a new European Equal Treatment Directive, the UK government will shortly be introducing legislation to outlaw discrimination on the grounds of sexual orientation. This will mean that for the first time ever, the UK will have effective legislation to deal with anti gay discrimination on the same basis as the Race Relations Act, Sex Discrimination Act and Disability Discrimination Act. Employers will have to get up to speed with the new legislation as it will place clear obligations on them to ensure fair treatment of lesbian and gay workers. The union has the opportunity to sharpen its appeal to employers, helping them get to grips with the practical steps necessary to comply with any new legislation. Our message to employers is it is better to work with the union now to develop progressive policiesd into making changes by the law. So taking lesbian and gay rights seriously brings with it the potential for both recruitment and recognition. What are the facts?Lesbian and gay workers face real discrimination in the workplace. This can range from being denied access to employment benefits such as special leave, being prevented from progressing at work as a result of ignorance and prejudice and denied equal pension rights. Usdaw shop stewards have represented lesbian and gay members - sexual harassment, bullying, victimisation, verbal abuse and obscenegraffiti have been successfully tackled in our workplaces. A recent TUC survey showed in graphic detail what this means for lesbian and gay workers. Faced with verbal abuse, harassment, bullying, physical threats, bad taste jokes and social exclusion, many are forced to leave their jobs or have their health seriously affected. HarassmentLesbian and gay workers suffer harassment at work in the form of anti-gay comments, unwelcome jokes and homophobic abuse. In a recent TUC survey over half of lesbians and gay men had suffered some form of harassment at work. This is a particularly important issue for our members in retailing who suffer abuse from customers too. Policies and procedures for dealing with harassment at work should include explicitly harassment on the grounds of sexuality, including where appropriate from service users and customers. Managers and union representatives should receive training to enable them to deal sensitively and responsibly with individual cases. If disciplinary action is being considered for use of sexually explicit language or lewd behaviour, lesbian and gay workers should not be treated any differently from heterosexual workers in a harassment procedure. Lesbian and gay workers who talk about their personal lives and relationships can find themselves being disciplined where a straight worker would not be. Special leaveVery often companies' compassionate or bereavement leave policies do not explicitly state who is covered or leave may be offered on a discretionary basis. This could result in lesbian and gay workers' partners not being covered -it could also result in further stress for the gay worker having to confront an employer at a difficult and traumatic time. To avoid this situation, agreements of all types of special leave -including compassionate, bereavement, dependants and carer's leave -should be examined to ensure that they mention 'partner' as well as 'spouse' and specify same-sex partners are included. This may mean negotiating changes to the bereavement leave arrangements within our agreements and extended to include circumstances where there is a clear understanding of live-in relationships, i.e.common law partners and partners of the same sex. Usdaw has successfully ensured lesbians and gay men have equal access to bereavement leave. The Scot Mid Co-op recognises non-married and same-sex relationships within its bereavement leave agreement. A model bereavement leave policy might consist of the following: (a) One day's paid leave would usually be allowed for attending the funeral of family members and close friends. (b) Up to 5 days' paid leave following the death of a member of an employee's immediate family. The definition of immediate family includes unmarried and same-sex partners. Immediate family may also include a more distant relative who may have fulfilled the role of formal and informal parental guardian. Family-friendly leaveAgreements on paternity leave or parental leave should be looked at to ensure that they include lesbian and gay parents. For example, we should attempt to ensure that parental leave arrangements include same-sex partners, or agreements could be made that grant nominated carer's of pregnant women, five days' leave around the time of the birth. This recognises lesbians and gay parenting arrangements, as well as the support systems that a single parent may have in place. Negotiators will want to ensure that all rights to family leave cover a broad definition of the family to include married, non-married and same-sex relationships. Our members, not just those who are lesbian and gay, may have complex or extended caring networks all of which areequally valid. PensionsMost occupational pension schemes pay out benefits to the partner of a member in the event of their death. These benefits are usually: A one-off lump sum payment, up to four years wages, where death occurs while the member is in service. A pension, paid according to a formula which often includes enhancement of the member's entitlements where death occurs in service. The law governing pension schemes does not restrict payments to spouses, but allows benefits to be paid to a dependant, including same-sex partners. It is left to the schemes themselves to decide whether a partner is a qualifying dependant under their rules. Most schemes encourage members to indicate on a nomination form, whether they have dependant(s) to help scheme trustees make this decision. Usdaw has had some success in getting trustees to recognise that same-sex partners should qualify as dependants, notably Sainsbury and Somerfield pension schemes. Employee recruitment and selection procedureWe must never forget that many lesbian and gay men are discriminated against even before they enter the workplace. That's because many potential employers have a negative stereotypical image of lesbians and gay men. When looking at an employer's procedures to ensure that they do not discriminate against gay workers, the recruitment process should be examined. Applications should include references to the organisation's commitment to equal opportunities. Interviewers should avoid personal questions about a candidate's marital status, domestic arrangements or sexuality. Employers, managers and recruiters must avoid using preconceived ideas in the recruitment and appointment process. What we have achievedUsdaw has negotiated significant improvements.
Arguments to use with the employersThe Government is going to implement the EU Directive on Equal Treatment. It will give legal protection to lesbian and gay workers for the first time. This could lead to employers unwittingly leaving themselves open to charges of discrimination. We should encourage employers to involve Usdaw now to get their houses in order before they are forced through the courts. If they get it wrong, employers face employment tribunals and claims for stress and harassment in the workplace. A lesbian and gay friendly image projects a modern, progressive and socially aware image. Surveys have shown that the disposable income of lesbian and gays is higher than heterosexuals. The pink pound is vital to many shops and restaurants in our cities. Having lesbian and gay employees in the business encourages lesbians and gays to spend their money there. Where do we go for further information?Contact the Research Department or the Women and Equalities Officer at Central Office for information on negotiating a better deal for lesbian and gay workers. The TUC Equal Rights Department can provide examples of best practice and success stories in a wide range of companies. Organisations such as Stonewall and Lesbian and Gay Employment Rights (LAGER) can also give excellent specialist advice and have a wide range of useful contacts. Bargaining for equality lesbian and gay rights No 1 was correct at date of publication February 2001. Resources Library Equality
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