Home > CONSUMER > SEXUAL-ORIENTATION DISCRIMINATION IN GOODS AND SERVICES

This fact sheet will give you some basic information about sexual-orientation discrimination in goods and services. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

• How am I protected from discrimination when using goods and services?
• What does this mean in practice?
• What sort of things would count as discrimination?
• How do you prove something is discrimination?
• So who will benefit from this new law?
• When are the new laws most likely to be relevant?
• Are there any exceptions?
• How do I make a claim for discrimination?

How am I protected from discrimination when using goods and services?

Since April 2007 it has been illegal to discriminate on the grounds of sexual orientation when providing goods and services. This means whether you are lesbian, gay, bisexual or straight you have new rights in matters such as health, education, housing, adoption, goods, facilities and services. These rights previously only applied in the workplace.

What does this mean in practice?

It means that it is now illegal for someone who is providing goods, facilities or services to the public to discriminate against anyone because of their sexual orientation. This could be refusing to provide a product or service, or providing something of lower quality or on inferior terms compared to someone of a different sexual orientation.

It doesn't matter if you have to pay for the goods, facilities or services or not.

The law applies to the private and the public sector, although there are some exceptions.

What sort of things would count as discrimination?

It would also be illegal for an organisation to treat you less favourably because you have made or are going to make a complaint about discrimination.

An obvious example of discrimination would be a hotel owner refusing to give a double room to two men. Another would be if the manager in a restaurant asked a same-sex couple to leave because they were kissing each other when a straight couple doing the same thing would not be asked to leave. And if you are planning a civil partnership ceremony, it would be illegal for a shop to refuse to provide a gift list or for a venue to refuse to hire to you.

It would also be illegal for an organisation to treat you less favourably because you have made or are going to make a complaint about discrimination. This is called "victimisation". It also applies if you are treated less favourably for helping someone else make a complaint about discrimination.

How do you prove something is discrimination?

The law recognises that discrimination might not be as obvious as in the previous examples. So once you have set out the facts which you think show discrimination, it is up to the defendant to show that it wasn't.

So who will benefit from this new law?

It is likely that lesbians, gay men and bisexuals will benefit the most because they are the most likely to face discrimination because of their sexual orientation. But the laws apply to everyone, so, for example, a straight couple can't legally be refused entry to a gay nightclub.

The law also protects you from being discriminated against because of someone else�??s sexual orientation. So, for example, you can�??t be treated less favourably if you are the parent of a gay son, or if you are straight campaigner for gay rights.

When are the new laws most likely to be relevant?

They are likely to be particularly relevant when you are:

• Going to a public place, such as a gym, swimming pool or a hotel
• Using financial services, such as mortgages, insurance
• Using professional services or tradesmen, for example in home improvements
• Travelling.

It is also illegal to discriminate against school pupils because of their sexual orientation or their parents.

Are there any exceptions?

There are exceptions for some religious organisations. They can restrict their membership, participation in their activities, or provision of their goods and services to someone because of their sexual orientation. But they can only do this if their main purpose is to practice, promote or teach a religion or belief, not if it is commercial.

This doesn't apply to faith schools or any other organisation carrying out functions on behalf of public authorities. However, voluntary religion-based adoption agencies do not have to comply with the new laws until December 2008. They are exempt until then providing any restrictions they make on would-be adoptive parents are in line with their religious belief and that they refer people to other agencies.

How do I make a claim for discrimination?

You will have to make a claim in the county court. The time limit for doing this is six months from when the discriminatory act took place(or the last time it happened if it was more than once ).

You can get financial compensation and the court can also ask the organisation to put the situation right.

You can ask the organisation you are claiming against to fill in a questionnaire about your claim. You can do this before you actually start a claim and it might help you decide whether to go ahead or not. If the organisation doesn't respond within eight weeks, or if they don't respond properly, then the court can decide they did discriminate.