The Civil Partnership Act 2004 comes into force on 5 December 2005. It will give same sex couples who register their partnership similar legal rights to married couples. The first registrations can be expected from the 21 December, although, in special circumstances, registration may be possible from 5 December. Couples who have already formed a partnership which is recognised overseas, will be automatically recognised as civil partners in the UK without needing to register again.

Civil partnerships apply to same sex couples only and not opposite sex couples.

Legal recognition of civil partnerships will extend to workplace benefits. Gay employees have had the right not to be discriminated against at work on grounds of sexual orientation since the Employment Equality (Sexual Orientation) Regulations 2003 (“the 2003 Regulations”) came into force in December 2003. However, there were some controversial exclusions in the 2003 Regulations which allowed differential treatment based on the fact that someone was married. The Civil Partnership Act amends the 2003 Regulations and other legislation, including the Sex Discrimination Act, so that, in general, registered civil partners are treated in the same way as married couples.

Employment Benefits

Some employers have restricted certain benefits to married employees and their spouses, for example, private health insurance, staff discounts, gifts on marriage or extra time off for a wedding. Although the 2003 Regulations required that any benefits given to unmarried opposite sex couples be given in the same way to same sex couples, the 2003 Regulations permitted benefits to be restricted on the basis of marriage. From 5 December 2005 this changes as employers will have to extend any benefits available to married employees and their spouses to employees who have entered into a registered civil partnership and their partners.

Pensions

Employers must provide registered civil partners with the same pension benefits under all occupational schemes as married couples in relation to service from 5 December, otherwise they may face a discrimination claim under the 2003 Regulations. So, pensions in relation to survivors, if previously restricted to spouses, must be made available in the same way to surviving civil partners as to spouses. Employers with non-contracted out schemes do not have to equalise benefits that relate to service prior to 5 December where these benefits were limited to married people before that date. Contracted out schemes must, however, equalise benefits based on contracted out rights accrued from 6 April 1988. This is the rule that currently applies to widowers' pensions.

If pension schemes provided benefits to same sex partners before 5 December, they must continue to provide these benefits after that date, whether or not the couple register their partnership. Further, unmarried opposite sex partners must be treated in the same way as same sex couples who have not registered their partnership.

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