Millions of public sector employees could be asked to disclose their sexual orientation in a new equality drive.

Sections of the Equality Act 2010, which come into effect from April, require public bodies to consider the impact of their actions on the diversity of the people they employ and serve. Teachers, nurses and police officers will be amongst those affected by the Act.

Equalities Minister, Lynne Featherstone, supports the idea of organisations sending questionnaires to their employees asking them to disclose their sexuality, ethnicity and religion in order to identify groups which are under-represented. Questions on the form may ask respondents whether they have had a sex change operation as well as querying their sexual orientation.

Under the Act ‘positive discrimination’ is still unlawful, although if two candidates with identical merit apply for a post then the one under-represented in the workforce could be chosen to fill the position.

Critics of the Equality Act argue it will be expensive to implement and increase bureaucracy at a time when costs are being cut and jobs lost.

A recent survey issued to public sector workers in Bath to comply with the legislation showed that 52% of the 1,652 respondents refused to answer the question on sexual orientation.