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, protecting against:
    • Direct discrimination: treating someone less favourably than another because of their marriage and civil partnership status;
    • Indirect discrimination: applying a provision, criterion or practice which puts persons who are married and/or in a civil partnership at a greater disadvantage, and which cannot be justified; and
    • Victimisation 
  • The act protects the status (marital or in a civil partnership) where this is the reason for the treatment and there are specific, narrow exceptions which apply.
  • Care should be taking when considering policies in the workplace which address close working relationships.

Members access only

Unlock exclusive, tailored content and resources, just for members.

Sign in to access

Not a member yet? Find out how you can become a member today!

Disclaimer 

Please note: While every care has been taken in compiling this content, CIPD cannot be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice. 

Employment
law advice

Want more employment law advice? Members can phone the CIPD legal helpline or take out a discounted subscription to HR-inform for additional resources.

Callout Image

Related content on discrimination

Employment law
Pregnancy and maternity discrimination: UK employment law

Explore the legal issues relating to pregnancy and maternity discrimination in the workplace

For Members
Factsheet
Discrimination in the workplace

Overview exploring the types of discrimination and how these apply to each of the nine protected characteristics in the Equality Act 2010

Employment law
Religion and belief discrimination: UK employment law

Explore our collection of resources around legal issues relating to religion and belief discrimination in the workplace, including philosophical beliefs

For Members
Employment law
Sex discrimination: UK employment law

Explore our collection of resources around legal issues relating to sex discrimination in the workplace, including pregnancy and maternity discrimination

For Members
Employment law

Access more employment law resources

Employment law
Health and safety: UK employment law

Explore our collection of resources around legal issues surrounding health and safety at work, including employers' obligations

For Members
Employment law
Bullying and harassment: UK employment law

Explore our collection of resources around bullying and harassment in the workplace

For Members
Employment law
Tracking potential law changes

Find out what may change under the Labour Government and how you can prepare

For Members
Employment law
Timetable of employment law changes UK

Keep up to date with the latest employment law developments and proposed future changes

For Members