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Introduction of Civil Partnerships from December 2005
NEW LEGISLATION ON civil partnerships is coming in this December, which means that for the first time in this country same sex couples can form legally recognised partnerships.
And some Amicus members are already planning to register their civil partnerships just before Christmas as indeed are many other couples up and down the country.
Civil partnership will make a big difference to people's lives, including their rights as employees. Thousands of same-sex couples, whose relationships have often been invisible in the eyes of the law, will at last be able to obtain recognition of their partnership and the rights that go with it. Many couples have lived together for years without the rights and responsibilities that are taken for granted by married couples.
The Civil Partnership Act will, for the first time, directly address injustices experienced by lesbian, gay and bisexual couples. Same-sex couples who register a civil partnership will have parity of treatment with married couples in a wide range of legal matters including employment rights.
Employers will be required to treat married employees and employees in civil partnerships in the same way. For example, a benefits package - such as private health care, which is available to the spouse of an employee - should also be available to an employee's civil partner from December of this year.
Some employers already provide benefits packages, which are available to the unmarried opposite sex partners and same-sex partners of employees, but if there are additional benefits available to married employees, like time off before or after a wedding - similar provision should be made for civil partners.
So employers will need to examine existing benefits packages and internal human resources systems and processes to find out where changes are needed.
They will also need to consider that some employees may have a civil partner, but may not want this information to be public. In order to avoid making this information public, there should not be a completely separate process for employees to claim benefits in relation to their civil partnership.
Existing benefit packages for spouses can be re-named benefits for 'spouses or civil partners'. This will avoid the need for someone to identify that they have a spouse or a civil partner.
Human resources forms should also avoid asking someone to say whether they are married or in a civil partnership. Instead people should be asked to state whether they are 'married or in a civil partnership' or a 'spouse or civil partner'. Employers will have to let employees know about these changes.
"In a continuously evolving society, companies need to accommodate the increasing number of employees who are not in a 'traditional' relationship," believes Vicki Field, Human Resources Manager at Pru Health.
"In effect, most progressive businesses have already established procedures to acknowledge the increasing number of civil partnerships. Human resources management is at the forefront of encouraging companies to realise the importance and value of adverse workforce," she added.
The issue of pensions has been a key campaign for same-sex couples. From December 2005 civil partners will also be entitled to a survivor's pension from their partner's contracted-out occupational or personal pension scheme, public service pension scheme or non-contracted out scheme which currently pays survivor benefits to widows and widowers.
For more information on civil partnership please see:
Note: this article is from The Activist, November 2005 issue.
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