Marriage and Civil Partnership Discrimination at Work
Marriage and civil partnership discrimination can arise in all areas at work. While this form of discrimination may be less familiar, its impacts can be just as severe.
Read on to understand what it is, common questions associated with it, and how those affected can find a resolution.
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What is Marriage and Civil Partnership Discrimination?
Under the Equality Act 2010 (EqA 2010), people are shielded against “less favourable” treatment because of their protected characteristics. Marriage and civil partnership discrimination refers to unfair treatment because of one such characteristic, where an individual is legally married or in a civil partnership.
This type of discrimination may arise when an individual is treated less favourably because of their marital status or through a workplace policy that disproportionately disadvantages them.
Types of Discrimination
The EqA 2010 sets out the different types of discrimination. These include direct discrimination, indirect discrimination, harassment, and victimisation.
Direct Discrimination
Direct civil partnership and marriage discrimination occurs when an individual is unfavourably treated specifically because they’re married or in a civil partnership. This could arise if a woman who applies for a senior management role is denied the position after she discloses that she’s married, and the employer assumes she cannot commit to long hours. Decisions based on this protected characteristic are unlawful and could lead to Employment Tribunal cases.
That said, there are very limited circumstances where being unmarried is a genuine occupational requirement, making such decisions lawful. An example might include certain positions within religious organisations where being unmarried is a requirement.
Indirect Discrimination
Indirect discrimination happens when a workplace policy or practice disproportionately disadvantages people who are legally married or in a civil partnership. Such policies could require employees to frequently relocate to progress in their careers. While this policy may not appear to discriminate based on marital status, it could disproportionately impact married employees, who may have family responsibilities.
However, it’s important to note that, unlike direct discrimination, employers can have a defence for indirect discrimination. In such circumstances, they would have to prove their policy is a proportionate means of achieving a legitimate aim.
Victimisation
Victimisation related to marriage and civil partnership occurs when an individual faces less favourable treatment because they’ve made a discrimination complaint or supported another who has. In such circumstances, an individual may be excluded from meetings after raising a grievance related to their marital status.
Harassment
Harassment involving marriage and civil partnership isn’t explicitly prohibited under the EqA 2010. Despite this, marriage and civil partnership discrimination could arise indirectly through related protected characteristics like sex. If someone is bullied or faces offensive remarks because of their marital status, they may be able to pursue claims like sex-related harassment.
Who is Protected?
Since marriage and civil partnership discrimination covers a specific protected characteristic, only those who satisfy this requirement will be protected. Therefore, individuals must be legally married or in a civil partnership to enjoy this protection.
That said, protection covers individuals in a variety of settings.
- Employees and Workers – regardless of employment status, if an employee or worker is legally married or in a civil partnership, they will be protected under UK employment law.
- Job Applicants – Individuals must not face discrimination during the application process simply because of their marital status. Questions about such must be avoided unless absolutely necessary for a legitimate reason.
- Contractors and Self-Employed Individuals – Much like employees, contractors and self-employed individuals working under a “contract for services” agreement will enjoy protection from civil partnership and marriage discrimination.
- Exceptions to Protection – As previously mentioned, there are exceptions where employers can lawfully make decisions based on marital status. Religious positions are potentially one such example.
Recognising Discriminatory Practices in the Workplace
Marriage and civil partnership discrimination can arise in various ways. It’s important to understand just how such misconduct can occur to ensure employment rights are protected.
Recruitment and Promotion
Whether for a job applicant or a current staff member, employers must not make decisions concerning hiring and promotion based on marital status. Examples of discrimination include asking if someone is married during a job interview or denying an employee a promotion due to assumptions about their availability.
Training and Development Opportunities
Similarly, when employers offer opportunities to develop and progress, they may exclude married employees due to concerns about their family commitments. This is unlawful and could lead to grievances or Employment Tribunal claims.
Dismissal and Redundancy
Dismissal and redundancy decisions should not be influenced by marital status. For example, an employer may dismiss a married employee because they refuse to relocate for family reasons. While the decision may not be directly based on the individual’s marital status, it could amount to indirect discrimination.
Workplace Policies and Benefits
Whether directly or indirectly, employers must ensure their policies don’t disproportionately disadvantage staff who are legally married or in a civil partnership. Requiring married employees to contribute more towards workplace accommodation than single employees could be unlawful if it puts them at a particular disadvantage and cannot be justified.
Examples of Marriage and Civil Partnership Discrimination
In practice, discrimination, harassment or victimisation related to marriage and civil partnership could occur when:
- A married employee is denied a job in a department because they supported their colleague with a marriage discrimination grievance.
- A civil partner is bullied in the workplace because their employer disapproves of same-sex relationships.
- An employer assumes a married woman will prioritise family over work and refuses to offer her a leadership role.
Steps to Take if You Experience Discrimination
If an individual has faced civil partnership or marriage discrimination at work, it’s vital they take appropriate action. Time limits and specific eligibility criteria must be met if one’s case were to reach an Employment Tribunal. As such, knowing what to do is essential.
Documenting Incidents
Discrimination isn’t always the easiest to spot. Even if it is, there’s no guarantee it can be proven. Because of this, those affected must keep detailed records of discriminatory incidents to aid their case. Emails and other correspondence could help, as could the details of witnesses.
Internal Grievance Procedures
If an individual wants to complain about marriage or civil partnership discrimination, they should first consider internal avenues. If the issue can be resolved at this stage, stressful and costly court action could be avoided. To proceed, depending on the severity of the situation, those affected could have an informal chat with their manager or raise a formal grievance.
Seeking Legal Advice
Should the issue remain unresolved following internal procedures, it may be time to consider external action. ACAS is usually a good first point of contact, as it offers free, impartial advice and early conciliation, which is required before an Employment Tribunal claim can be brought. If an individual wants specific, tailored advice, it may be better to consult with an employment law specialist, like a solicitor.
Issuing a Claim in the Employment Tribunal
If internal remedies and ACAS early conciliation fail to provide a satisfactory resolution, filing an Employment Tribunal claim is the last option. As mentioned, time limits and specific eligibility criteria must be met to proceed. Should a claim prove successful, financial compensation could be awarded.
Employer Responsibilities and Best Practices
Since employers have a responsibility to protect individuals from discrimination, they should implement various strategies to achieve this. Among them, employers could look at:
- Developing Anti-Discrimination Policies: Where established guidance defines expected behaviour and best practices to tackle marriage and civil partnership discrimination.
- Providing Training and Awareness Programs: Ensuring managers and staff understand how to identify and prevent misconduct.
- Ensuring Equal Opportunities in the Workplace: To help avoid recruitment, promotions, and benefits being based on marital status.
- Monitoring and Reviewing Workplace Practices: Conducting regular audits to recognise and eliminate indirect discrimination.
If you’ve faced unfavourable treatment because you are married or in a civil partnership, please don’t hesitate to contact Redmans Solicitors today. As employment law specialists, we can assess your circumstances, answer your queries, and provide expert advice on your possible next steps.
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