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• Frequently asked questions: What the Regulations mean for members of the public and providers of goods, facilities and services

Communities and neighbourhoods

Frequently asked questions: What the Regulations mean for members of the public and providers of goods, facilities and services

Common questions with answers, about how the Equality Act (Sexual Orientation) Regulations 2007 will affect people.

From 30 April 2007 it will be unlawful for anyone providing goods, facilities or services, or managing or disposing of premises, to discriminate against a person on the grounds of their actual or presumed sexual orientation; or the actual or presumed sexual orientation of someone with whom they are associated.

Sexual orientation means an individual's sexual orientation towards:

• people of the same sex as him or her (gay or lesbian)
• people of the opposite sex (heterosexual)
• people of both sexes (bisexual).

Why has the Government introduced these Regulations?
The principles behind these measures are straightforward. It can't be right in a decent, tolerant society that a shopkeeper or restaurant can refuse to serve a customer because of his or her sexual orientation. It cannot be right for a school to discriminate against a child because of their parents' sexuality or not to take homophobic bullying seriously.

Our consultation on these issues has been extensive and has provided evidence that this kind of unfair treatment takes place far too often.

The Regulations make such discrimination illegal. We want to ensure that when people visit their hospital, study at school or college, or even do something as everyday as shopping or booking a holiday, they get treated fairly and with respect, no matter what their sexual orientation.

How long did the Government consult on the new provisions?

The consultation period lasted 12 weeks - it was launched on 13th March 2006, and closed on 5th June 2006. Almost 3,000 responses were received during that period - of which over 500 were from organisations.

Whilst the vast majority supported the decision to legislate in this area, there was a clear divide on the issue of how the Regulations ought to balance the competing rights of individuals to hold and manifest a religious belief against the right to live free from discrimination. 

Due to the volume and strength of replies received, the Government decided that it was only right that it took the time to consider properly such a complex issue, and postponed the introduction of the Regulations. The Secretary of State committed to bringing them into force in April 2007 alongside similar provisions on grounds of religion or belief, so that it could provide protection against discrimination for everyone, in a way that is effective and appropriate.

Who does this apply to?

The prohibition of discrimination on the grounds of sexual orientation includes anyone supplying goods, facilities or services of any kind, including for example banking, retail services, and hotel accommodation. It also includes management and disposal of premises. There are exceptions for people who manage small premises, where they or a close relative live in them, and for people who dispose of premises privately, without advertisement.

What do the new regulations mean?

When providing goods, facilities or services you must not:

• refuse to supply your normal service to someone, or to treat them less well than others, on grounds of their actual or presumed sexual orientation, or that of someone with whom they are associated.
• apply some provision, criterion or practice which puts, or would put, people of a particular sexual orientation at a disadvantage compared to others.

If a company refused to provide customers who have had an HIV test with access to its services, this would indirectly discriminate against gay men, who are more likely to have had such a test.

• treat civil partners on an unequal basis to those who are married, or treat same sex unmarried couples on an unequal basis to mixed-sex unmarried couples.

It would be unlawful for a company offering a discount to married couples not to make the discount available to civil partners.

• treat someone less well because they have been involved in making, or supporting, a complaint about discrimination of this kind; unless they were acting maliciously in knowingly making a false complaint.

It would be unlawful for a commercial establishment to turn away a customer, irrespective of their sexual orientation, because they had complained about the treatment of a lesbian customer, or because they had supported the latter in a complaint - provided the complainant or supporter did so in good faith.

• advertise in a way which indicates an intention to discriminate unlawfully.

It would be unlawful for a company to advertise to the effect that they do not offer their services to lesbians, gay men or bisexuals.

• instruct someone else to do any of these things.

But what if people behave in a way that is unacceptable?

The Regulations do not prevent you from excluding people who behave in ways that are unacceptable, for example if they intrude on other customers. They simply require that you provide your normal service in a non-discriminatory way.

If in doubt - do your best to treat people fairly and be open to suggestions that your customers or potential customers may raise. Small adjustments that make life easier for your customers may increase your opportunities.

What if my employees discriminate?

Under the Regulations employers and principals are liable for the actions of their employees and agents, whether or not they know about or approve of the act. 

If an employee of a company refused to serve lesbian, gay or bisexual people, the company may be liable as well as the employee.

It is a defence however for an employer to prove that he or she took reasonable steps to prevent breaches of the Regulations. You will therefore need to take steps to ensure that your employees/agents are aware of the new Regulations, and understand the implications for their own work. 

How do I avoid discriminating accidentally?

Good customer service which responds to the needs and wishes of customers is unlikely to discriminate accidentally, and will help show up any areas where change is needed.

What if my service is of more interest to people of a particular sexual orientation? Will this be seen as discriminatory?

No-one is required to change the nature of their business by this legislation, so a company that targets its products at lesbians, gay men or bisexuals is not obliged to develop a set of new products and services of specific interest to heterosexuals or vice versa.

What do I do if someone says I am discriminating against them?

You need to take complaints seriously and try to resolve them promptly. You need to decide whether you agree with the complainant about the facts of what happened, and to be clear why they think they have been discriminated against. If you agree you have discriminated against them, consider what steps to take to resolve the matter with your customer, for example by apologising or taking steps to ensure it does not happen again. A person who complains has the right to take court action in support of their claim, and may seek to use any response from you in evidence.

What are the penalties for falling foul of the Regulations?

The Regulations will provide for a civil remedy for discrimination through the County Courts.

The Regulations will not lead to individuals being subject to criminal sanctions, unless they are knowingly or recklessly making a false statement that a proposed act is not unlawful under these Regulations, in order to secure someone else's assistance (for example to place a discriminatory advertisement). If convicted, they may be liable to a fine.

What should I do if I'm being discriminated against?

If you feel you are being discriminated against, it may be possible to sort out the problem informally by making an approach to someone in authority. If this is not possible, formal claims of discrimination can be brought in the County Courts (Sheriff Courts in Scotland), within 6 months of the alleged offence taking place. Further advice on this can be found in the Guidance to the Regulations, or from the Citizen's Advice Bureau, Law Centres or solicitors.

What's the effect of the Regulations on adoption and fostering agencies?

There is no specific exemption for adoption and fostering agencies. However, the Government has committed to provide for a transition period for voluntary adoption and fostering agencies until the end of 2008 to ensure that vital services for children are not disrupted, in line with the Prime Minister's statement of 29th January.

In the interim, any faith based adoption or fostering agency wishing to take advantage of the transitional arrangements would have to refer same-sex couples to other agencies which they believe are able to assist.

In addition, the Prime Minister will be commissioning an ongoing independent assessment of the issues agencies would need to address in the transition period, if much valued and needed services are to be retained and developed. This will enable vital services for children to be maintained, whilst preserving the principle of non-discrimination.

Do these Regulations make it illegal for me to say certain things?

The Regulations will have no effect on freedom of speech; rather, they will ensure that businesses/public authorities do not give customers a hostile or less courteous service on grounds of their sexual orientation.
 
The Regulations will not:
i) enable someone to be sued for holding or expressing views about homosexuality or sexual relationships;
ii) prohibit bookshops from stocking religious or other texts that make statements about homosexuality.

Are charities able to discriminate?

The Regulations will not interfere with current charity law. If a charity is required to discriminate in line with the explicit terms of the charitable instrument under which it is established, it may continue to do so. Otherwise, it must not discriminate on grounds of sexual orientation.

Faith based voluntary organisations or charities will not have to comply with the Regulations where this would conflict with either the doctrine of their organisation or the strongly-held beliefs of a significant number of the religion's followers - provided they are not operating on either a commercial basis, or on behalf of and under contract with a public authority.

Are private members clubs able to discriminate?

Only if their main aim is to provide a genuine benefit or opportunity to a group linked to their sexual orientation - for example a health network for lesbian, gay and bisexual people may be set up to provide a safe haven in which individuals are able to seek support, which it may otherwise be difficult for them to find.

Am I able to discriminate when letting premises?

The Regulations do not prevent individuals from choosing whom they live with in their private home. The Regulations are designed to prevent discrimination in the letting of rooms as a commercial concern, not to dictate to individuals whom they live with on a personal basis. The government respects an individual's right to privacy.

If an individual or organisation is letting rooms out as a commercial concern (for instance a Bed & Breakfast or a hotel), they must not discriminate. Commercial organisations have a responsibility to accept society as it is constituted, and offer equality of service to all.

As religious organisations, churches could qualify for the religious organisation exemption and therefore continue to restrict to whom they hire their premises to - provided they can demonstrate that this restriction is necessary to comply with doctrinal belief or avoid conflicting with the strongly held beliefs of a significant number of the religion's followers.

The Regulations guarantee that, where facilities are being made available on behalf of and under contract to a public authority, they must provide equality of access regardless of sexual orientation.