Discrimination Law and Human Rights 

As a service provider, your organisation is bound by a number of laws aimed at eliminating unlawful discrimination and harassment and ensuring equal access to services and equal benefits from your organisation, as well as equal employment conditions. UK discrimination law now covers all 6 established equality strands: age (employment only), disability, gender (including transgender identity), race, religion or belief, and sexual orientation.

In addition, your organisation may be subject to the provisions of the Human Rights Act 1998, and indeed a number of regulatory frameworks and inspection arrangements (for example Her Majesty’s Inspectorate of Education’s (HMIe) How Good is our Community Learning and Development 2). 

Relevant legislation 

• Human Rights Act 1998
• Sex Discrimination (Gender Reassignment) Regulations 1999
• Employment Equality (Sexual Orientation) Regulations 2003
• Civil Partnership Act 2004
• Gender Recognition Act 2004
• Equality Act 2006
• Equality Act (Sexual Orientation) Regulations 2007
• Sex Discrimination (Amendment of Legislation) Regulations 2008

Scottish and UK legislation is available in full-text from

These pages have been designed to help you not only meet your legal obligations but also to improve your service by encouraging you to pay close attention to the specific issues that may affect LGBT people who use your services. There is not (yet) a positive duty placed on public authorities to promote LGBT equality and eliminate unlawful discrimination on grounds of sexual orientation but the UK Government has announced that a 6-strand duty will be included in its new Equality Bill, which is expected to be passed within the lifetime of this Parliament (i.e. before 2010).

Either way, discrimination law can be said to imply a duty on all service providers to take reasonable steps to ensure equal access and equal service provision, as well as a safe environment in which those services are provided – this is the case because this is likely to be the only effective defence available to an organisation (employer or service provider) in an employment tribunal or sheriff court, if a discrimination claim has been brought by a service user, student or employee.

Further, the Gender Equality Duty requires public authorities to adequately address the needs of transgender people in employment and the delivery of public services. LGBT Youth Scotland would encourage you to design, plan and deliver your services as if you were already bound by a positive duty covering sexual orientation and gender identity and expression, as well as the Human Rights Act. The following sections will give you some guidance through that process.