Under equality legislation, marriage discrimimination or discrimination due to being in a civil partnership is unlawful. An employer is not permitted to treat you differently at work because of your marital status.
Marriage can be between a man and a woman or between partners of the same sex. Similarly, since 31 December 2019, civil partnership can be between hetrosexual or same sex couples.
Have any of these situations happened to you?
- You’ve been treated worse than your colleagues because you’re married or in a civil partnership
- Your employer has a policy or way of working that puts you at a disadvantage because you’re married or in a civil partnership
- You’ve been treated badly because you complained about discrimination related to marriage or civil partnership
- You’ve being treated badly because you are supporting someone who complained about discrimination related to marriage or civil partnership
If yes, you may be able to make a discrimination claim.
Exceptions
The legislation does not protect you against marriage and civil partnership discrimination if you are:
- Single
- Living with someone as a couple, but you’re not married or civil partners
- Engaged to be married but not yet married
- Divorced
- Your civil partnership has been dissolved
In certain circumstances, it is lawful for an employer to discriminate against people who are married or in a civil partnership. For example, only single people are able to become a Catholic priest.
If your employer can show there is a good reason to have a policy that disadvantages people who are married in a civil partnership, it is known as objective justification and is not unlawful under the legislation.
The other characteristics covered by the legislation are protected against harassment. However, this does not apply to marriage or civil partnership.
If you experience hostile, intimidating, humiliating, degrading or offensive treatment because you’re married or in a civil partnership, you could claim discrimination if your treatment is worse than people who are not married or in a civil partnership, or you could bring a claim for sexual orientation harassment.
If you’re unsure, or you’d like any further advice, please get in touch.
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