In this blog we are looking specifically at the protected characteristic of Marriage and Civil Partnership under the Equality Act 2010.

Let’s explore:

Under the Act:

(1)A person has the protected characteristic of marriage and civil partnership if the person is married or is a civil partner.

(2)In relation to the protected characteristic of marriage and civil partnership—

(a)a reference to a person who has a particular protected characteristic is a reference to a person who is married or is a civil partner;

(b)a reference to persons who share a protected characteristic is a reference to persons who are married or are civil partners.

Marriage and Civil Partnership discrimination applies to anyone legally married or who are registered as being in a civil partnership. You can be recognised as being in a civil partnership if you were registered inside or outside of the United Kingdom. This is one of the nine protected characteristics in the Equality Act 2010. You will be protected regardless of whether you are a same sex or opposite sex couple.

Chapter 2 of the Equality Act 2010, which relates specifically to how the Act applies to Further and Higher Education states that:

This Chapter does not apply to the protected characteristic of marriage and civil partnership.

This means this characteristic only applies to discrimination at work by employers or other members of staff. It does not apply to Higher Education in terms of students.

A person will not be protected if they are-

• Single,
• Engaged to be married,
• Widowed,
• Living with someone without marriage or civil partnership and,
• Divorced or partnership dissolved.

Discrimination under this section can occur by direct discrimination. This means that a person is treated worse because they are either married or in a civil partnership. This could be shown if they don’t get a promotion that requires longer hours because the employer believe a married person should be home with their partner. The only way that this would be acceptable is if there is an ‘occupational requirement’. This basically means if it is necessary for the job role. An example of this would be a priest as these are usually expected to be single.

Indirect discrimination can also occur where a policy or practice in a workplace disadvantages a person for being married or in a civil partnership. The policy in place would apply equally to all members of staff and usually has no intention of discriminating against a particular person. For example, expecting all employees in a role to be free to travel away for at least half a year when necessary, will inadvertently affect some married or partnered couples. For this to be lawful, the employer must prove that the policy or practice serves a ‘legitimate aim’ to the company.

Finally, a person can be discriminated against by victimisation where they are treated unfairly because someone has made a complaint due to discrimination or because they have supported someone else who has complained. Victimisation can also apply if a person is disadvantaged for providing evidence for a complaint.

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