Marriage and Civil Partnership
Marriage and civil partnership are protected characteristics under the Equality Act 2010, meaning individuals cannot be discriminated against due to their marital status. Employers must provide equal treatment and opportunities to all employees, whether they are married, in a civil partnership, or single.
| Key Employee Rights | What Employers Must Do |
|---|---|
| Protection from discrimination based on marriage or civil partnership | Ensure fair policies that do not disadvantage married employees or civil partners |
| Protection from unfair treatment due to being married or in a civil partnership | Avoid workplace bias, such as denying promotions due to marital status |
| Equal access to promotions, benefits, and workplace policies regardless of marital status | Prevent discrimination in hiring, training, and redundancy decisions |
| Equal treatment in workplace benefits (e.g., spousal leave policies) | Maintain inclusive workplace policies that support employees equally |
Key Legal Concepts
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A legally recognised union between two people, intended to be for life.
Can be a religious or civil ceremony.
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A legally recognised relationship status similar to marriage, introduced in the UK in 2004 to provide legal recognition for same-sex couples (later extended to opposite-sex couples in 2019).
Provides similar legal rights and responsibilities as marriage
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Strengthens protections against forced marriage, particularly for young and vulnerable individuals.
Recognises the diversity of relationships in modern society.
Ensures a safe and supportive environment for individuals of various marital statuses.
Case Law
Ellis v Bacon (2022)
Ms. Bacon was discriminated against following her separation from her husband, the company's Managing Director.
Key Events:
Ms. Bacon was removed from her directorship and denied dividends.
The tribunal found marital discrimination, as actions were taken due to her marriage breakdown.
Significance:
Reinforces that discrimination due to marital status is unlawful.
Highlights the importance of workplace neutrality in personal matters.
What’s Protected and What Isn’t?
| Protected | Unprotected |
|---|---|
| Denying promotions or benefits due to marriage or civil partnership | Relationship status outside of marriage/civil partnership (e.g. dating, cohabiting) |
| Treating married employees different in redundancy decisions | Divorce or separation (unless direct discrimination occurs, as in Ellis v Bacon) |
| Refusing to hire based on marital status | Non-married couples seeking spousal benefits |
How Employers Can Promote Equality
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Ensure all employees receive equal benefits
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Promote employees based on merit, not marital status.
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Educate managers on marital status discrimination.
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Handle workplace relationships fairly and ethically.
“A fair and inclusive workplace ensures that marital or civil partnership status does not affect an employee’s career, benefits, or treatment at work.”