Marriage and Civil Partnership Discrimination

What is Marriage and Civil Partnership Discrimination?

Marriage and civil partnership discrimination occurs when an individual is treated unfairly because they are married or in a civil partnership. Under the Equality Act 2010, this type of discrimination is unlawful and applies to all aspects of employment, including recruitment, training, promotion, and dismissal. It is important to note that this protection is specific to individuals who are legally married or in a civil partnership; it does not apply to single people, those in relationships, or those who are engaged to be married.

Types of Marriage and Civil Partnership Discrimination

Direct Discrimination occurs when an individual is treated less favourably than another person in a similar situation because they are married or in a civil partnership. For example, refusing to promote someone because they are married, based on an assumption that their commitment to their job will be reduced, is a form of direct discrimination.

Indirect Discrimination occurs when a workplace policy, practice, or criterion is applied universally but disadvantages people who are married or in a civil partnership. For instance, a company policy that requires employees to relocate frequently without considering the impact on those with marital commitments may disproportionately affect married employees or those in civil partnerships.

Harassment involves unwanted behaviour related to a person’s marital status that violates their dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. This could include making derogatory comments about someone’s marital status or questioning their commitment to their job based on their marriage or civil partnership.

Victimisation occurs when someone is treated unfairly because they have made or supported a complaint about marriage or civil partnership discrimination. For example, if an employee raises concerns about unfair treatment based on their marital status and is subsequently excluded from key meetings or projects, this could constitute victimisation.

How We Can Help?

At Dutton Gregory, we offer a full range of legal services to help employers manage marriage and civil partnership discrimination issues effectively.

Policy Audits and Development

We can review your existing policies to identify potential risks of marriage and civil partnership discrimination and help you develop or update policies that promote equality and comply with current legislation.

Risk Management 

We can work with you to assess the potential risks of marriage and civil partnership discrimination within your organisation and recommend proactive measures to address these risks, reducing the likelihood of costly legal disputes.

Defending Marriage and Civil Partnership Discrimination Claims 

If your organisation faces a marriage or civil partnership discrimination claim, our skilled solicitors can provide expert legal representation, developing a robust defence strategy to protect your interests. We have a proven track record of successfully defending employers in complex discrimination cases.

Bespoke Training Programmes 

We can deliver customised training sessions to educate your HR team, managers, and employees about marriage and civil partnership discrimination and how to prevent it. This includes guidance on best practices for creating an inclusive environment, recruitment, performance management, and handling grievances.

What next?

For more information about employment law advice, please contact us at contact@duttongregory.co.uk or contact Darren Tibble as head of our employment team.