Marriage and civil partnership discrimination: UK employment law

Essential points

• The main legislation governing marriage and civil partnership discrimination in the UK is the Equality Act 2010 (note that Northern Ireland has its own equality laws).
• Marriage and civil partnership discrimination occurs when someone is discriminated against contrary to the Equality Act 2010 because of that status.
• The provisions do not protect those who are single, ie it is not unlawful to discriminate against a person because they are unmarried (although other protected characteristics may apply, such as sex).
• The forms of discrimination which the Equality Act renders unlawful for marriage and civil partnership are more limited than other protected characteristics. In this context, individuals are protected against:
  • direct discrimination: treating someone less favourably than another because of their married and/or civil partnership status
  • indirect discrimination: applying a provision, criterion or practice (PCP) which puts persons who are married and/or in a civil partnership at a greater disadvantage, and which cannot be justified
  • victimisation. 

• The act protects the status (marital status or being in a civil partnership) where this is the reason for the treatment and there are specific, narrow exceptions which apply.
• Care should be taken when considering policies in the workplace which address close working relationships and, for example, benefits which may extend to an employee's partner.