Page 14-15 - WINTER 2013
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WINTER 2013
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Employment
LGBT employment rights were quite a
grey area until 2003 when all countries in
the European Union had to introduce laws
to cover lesbian and gays rights at work.
This was part of the Employment Equality
Regulations Act 2003. Transsexuals
were offered some cover by the Sex
Discrimination (Gender Reassignment)
Regulations 1999. However, both of these
have now been superseded by the Equality
Act 2010. This Act brings together all
groups in society and offers them the same
protection.
This means an employer can’t overlook a
candidate or hinder an employee’s career
progression on the basis of their sexuality
or gender. Harassment within the office
environment is also covered by the Act. You
can also take legal action if homophobic
language has been used against you,
even if you aren’t gay. Your actual sexual
orientation will not hinder your case. The
Equality Act 2010 is very comprehensive
and worth taking a look at if you feel you
have been discriminated against for any
reason in the workplace.
Family
Since the introduction of civil partnerships
and now gay marriage, the face of LGBT
family life has changed greatly. Civil
partners of those who already have children
are able to apply for parental responsibility.
This means that same-sex parent families
are visible like never before and schools,
local authorities and all other organisations
must acknowledge both parents.
Fostering and adoption have long seen the
advantages of same-sex parents and the
vast majority of organisations now welcome
prospective gay or lesbian parents with open
arms. The exceptions are religious-based
organisations, who fought hard against the
Equality Act of 2010 as it now forces them
to consider same-sex parents. However,
there are plenty of other agencies out there
who can help as well as an abundance of
advice available from professional legal
firms.
Property
Most same-sex partners have more rights
when it comes to property than they are
aware of, especially if they are in a civil
partnership. Property issues raise their head
most during dissolution or death. If you are
renting with a partner, but you are not in a
civil partnership and your name is not on
the tenancy agreement, unfortunately, you
may have no right to stay in the property if
the relationship breaks down. However, if
your name is on the agreement or if you are
in a civil partnership with the person whose
name is on the contract, you may have
the right to stay until you or both of you
find somewhere else to live. It is a similar
situation with death. If you name is not
on the agreement, you can only stay in the
property after your partner’s death if you are
in a civil partnership.
DBS Law
is proud to be associated with LGBT history month and delighted
that the pre-launch event on 28th Nov is coming to our home town of Birmingham at the
Bramall Concert Hall. We’ll be there to join in the celebrations and give some free help and
advice to the revellers. For those of you who can’t be there on the night we have sketched
out a few legal snippets here for your information.
With every new piece of legislation affecting the LGBT community, progress towards equality
is made. Step by step, things are getting better. So, where do we stand on the day-to-day stuff?
What are our current legal rights?
If you jointly own a property, then both
of you have the right to stay, but if your
partner owns the house and you are not in
a civil partnership, you have no rights to
stay living there if the relationship breaks
down. If you are in a civil partnership and
your partner owns the house, you still have
the right to live in the house even after the
relationship has ended.
Partnerships
The whole issue of partnerships is settled with
the introduction of equal marriage this year.
If you want to enter a civil partnership
or a gay marriage, you must be over 16,
not related and both the same gender,
which included trans persons who have
recognition of their gender.
Dissolution of both is also similar to
marriage and involves either two year’s
mutual separation (five years if one partner
does not agree the relationship is over) or
‘unreasonable behaviour’ on the part of one
partner. The process of dissolution can be
quick and simple if amicable, but if not,
legal advice will help guide you through
Your last wishes may be ignored
without a will
The majority of people in the UK do not
have a Will to legally ensure their assets
are shared out amongst their loved ones
after their death. It never seems urgent
of course, but that’s because most people
don’t give any consideration to the serious
consequences for their partner and family
if they don’t leave a will. The worst case
scenario is you entire estate will be given to
the exchequer and not many people want
that to happen.
Married couples have some rights to inherit
their partner’s estate as do Civil Partners
but these are not comprehensive and can
still be challenged by other relatives and the
ensuing legal battle can quickly diminish
what you leave behind.
Same-sex partners, who are not Civil
Partners, are given no automatic rights
following their partners’ death. Without
a will the surviving partner could find
themselves fighting to stay in their home
while still grieving the loss of their loved
one.
Many same sex couples own property
together and if they do so as tenants in
common if one partner dies the survivor
has a right to stay in the property but
the deceased’s share will only pass to the
surviving partner if they have named them
in their will.
If they do not have a will, it will pass firstly
to their parents and if they are not alive to
brothers and sisters, aunts, uncles, cousins,
the list goes on, it goes on for quite a way,
but it doesn’t include a same sex partner.
If you are not registered Civil Partners and
do not make provision for your partner in
your will, upon your death they can apply
to the court for help. However, this can be
an expensive and difficult to prove. If the
survivor cannot show they were dependant
on the deceased their claim will fail.
It’s simple and affordable to avoid this
doomsday scenario by making a will. Do it
today and give you and your partner peace
of mind for ever.
For any questions or to seek legal
advice, check out
or call free on 0844 2770 800
