I wonder how discrimination in the workplace based on marriage and civil partnership can be prevented?

Discrimination in the workplace based on marriage and civil partnership status is a critical issue that challenges the principles of equality and inclusivity. In the United Kingdom, this form of discrimination is prohibited under the Equality Act 2010. Thus, employers are legally required to take the necessary steps to prevent discrimination within the workplace. By safeguarding these rights, employers promote equality, ensuring that all employees are judged on merit, not their personal relationships.

This article outlines what constitutes marriage and civil partnership discrimination, how it impacts employees, and the consequences employers may face if they fail to address this form of discrimination.

What is marriage and civil partnership discrimination?

Marriage and civil partnership discrimination happens when a person is treated unfairly or less favourably at work due to being married or in a civil partnership. The Equality Act 2010 makes it unlawful to discriminate against employees or job applicants based on their marital or civil partnership status.

Under the Equality Act 2010, marriage and civil partnership refer to individuals who are legally married or in a civil partnership.

This protection does not apply to people who are:

• single;
• living with someone as a couple but not married or in a civil partnership;
• engaged but not yet married; or
• divorced or have had their civil partnership legally dissolved.

Within the workplace, discrimination can occur in various ways, including biased hiring practices, unequal promotion opportunities, denial of employment or pay increases, stereotyping based on marital status, exclusion from work-related activities, and victimisation for making discrimination claims.

This protection extends to individuals of all sexual orientations, regardless of whether they are married to someone of the same or different sex, or in a civil partnership with someone of the same sex.

It is important to note that marriage and civil partnership are not classified as protected characteristics in the context of harassment claims. However, individuals who are married or in a civil partnership may still pursue harassment claims based on other protected characteristics, such as sex or sexual orientation.

What are some common issues faced by employers?

Direct discrimination may happen if managers in your organisation oppose civil partnerships and decide not to promote an employee due to their relationship status, this would be considered unlawful. An example of this would be a woman who applies for a senior position and mentions during her interview that she plans to get married may be denied the job because the employer believes the role is too demanding for a married woman.

Indirect discrimination happens when a policy or practice is applied equally to all employees, yet it disproportionately impacts individuals with a specific protected characteristic, such as those who are married or in a civil partnership. An example would be an employer implementing a ban on hiring individuals with children. This policy would disadvantage those who are married or in civil partnerships, as they are statistically more likely to have children than their unmarried counterparts.

What risks can employers face if they don’t implement diversity and inclusion policies in the workplace?

• Legal Consequences: Discrimination claims from employees can lead to costly lawsuits and settlements, harming the organisation’s reputation.
• Decreased Employee Engagement: A workplace that tolerates discrimination can diminish morale and motivation, causing productivity to plummet as employees feel undervalued or disrespected.
• Increased Turnover: Employees may choose to leave a discriminatory environment, leading to higher turnover rates and frequent absenteeism as they struggle to cope with an unsupportive atmosphere.
• Talent Drain: Organisations risk losing valuable talent and diversity when married individuals or civil partners seek more inclusive workplaces, which can result in underperformance among remaining staff.

What can I do as an employer?

To create an inclusive work environment and prevent discrimination based on marriage and civil partnership, employers can implement several essential measures:

• Establish a Comprehensive Policy: Develop and enforce an extensive equality, diversity, and inclusion policy that covers all protected characteristics, including marriage and civil partnership, clearly defining expectations and responsibilities for all employees. Any policy should be reviewed regularly and amended where necessary.
• Mandatory Training: Provide compulsory training for all staff, especially managers, on the Equality Act 2010, protected characteristics, and discrimination, with an emphasis on recognising and preventing bias against individuals who are married or in a civil partnership.
• Fair Recruitment Practices: Ensure that recruitment, promotion, and reward processes are equitable and transparent, avoiding discrimination based on marital or civil partnership status.
• Flexible Work Arrangements: Offer flexible working options, such as job-sharing, part-time roles, or remote work, to accommodate the needs of employees who are married or in a civil partnership.
• Encourage Employee Networks: Support the formation of employee networks or groups where individuals can express concerns, share experiences, and receive guidance.
• Effective Grievance Resolution: Address grievances promptly and fairly through transparent procedures, ensuring employees feel valued and supported.

By proactively implementing effective policies and recognising the risks associated with discrimination against marriage and civil partnership, employers can foster a welcoming and equitable environment that prioritises the well-being of all employees.

Next steps

If you have any questions about how to prevent marriage and civil partnership discrimination in the workplace, our Peace of Mind Team can provide specific advice and our Document Audit Team can help draft relevant policies. Contact our Employment Law Team today by emailing employment@warnergoodman.co.uk or calling 023 8071 7717.