Marriage & Civil Partnership Discrimination

What Is Marriage and Civil Partnership Discrimination?

Under section 8 of the Equality Act 2010, marriage and civil partnership is one of nine protected characteristics. A person has this characteristic if they are legally married or are a civil partner.

The protection applies to anyone who is married under UK law or whose marriage is legally recognised in England, Scotland and Wales, including marriages that took place abroad. Since the Marriage (Same Sex Couples) Act 2013, same-sex married couples have exactly the same protection. Civil partnerships registered under the Civil Partnership Act 2004 are also covered, including those registered outside the UK provided they are legally recognised here.

Marriage and civil partnership discrimination occurs when your employer treats you less favourably because of your married or civil partner status. The protection applies across all areas of employment, from recruitment and selection to promotion, pay, training, and dismissal.

Who is not protected?

The protection under the Equality Act is narrower than many people expect. You do not have this protected characteristic if you are:

• Single and not in a civil partnership
• Living with a partner but not married or in a civil partnership (sometimes called “common law” partners)
• Engaged to be married but not yet married
• Divorced or your civil partnership has been dissolved
• Widowed (unless also remarried or in a new civil partnership)

This means it is not unlawful to treat someone less favourably because they are single. For more on the position of unmarried couples, see our guide on why cohabiting couples are not protected from marriage discrimination.

Protection limited to employment

Unlike most other protected characteristics, the protection from marriage and civil partnership discrimination applies only in the employment context. It does not cover goods, services, education, or housing. The Equality and Human Rights Commission (EHRC) confirms that the protection extends to employees, workers, job applicants, trainees, and company directors.

Types of Marriage and Civil Partnership Discrimination

The forms of unlawful discrimination that apply to marriage and civil partnership are more limited than for other protected characteristics. There are three types: direct discrimination, indirect discrimination, and victimisation. Crucially, the harassment provisions in section 26 of the Equality Act do not apply to marriage and civil partnership. There is also no protection from discrimination by perception (being treated as if you were married when you’re not) or discrimination by association (being treated badly because of someone else’s marital status).

Direct discrimination

Direct discrimination under section 13 of the Equality Act occurs when your employer treats you less favourably than they treat, or would treat, a person who is not married or in a civil partnership, and the reason for that treatment is your married or civil partner status.

The comparison must be with someone whose circumstances are otherwise the same as yours, but who is not married or in a civil partnership. Direct discrimination can never be justified, except in the very limited circumstance of a genuine occupational requirement. For example, a religious organisation may lawfully require that a priest is unmarried where that is a core requirement of the faith.

Examples of direct discrimination:

• A woman is dismissed after getting married because her employer believes a married woman should be at home in the evening
• A married employee is passed over for promotion because the employer assumes a single person would be more committed to the role
• A job applicant mentions their upcoming marriage at interview and is not offered the position because the employer thinks they will soon want time off or start a family

Indirect discrimination

Indirect discrimination under section 19 of the Equality Act occurs when your employer applies a provision, criterion, or practice (PCP) that applies equally to everyone but puts married people or civil partners at a particular disadvantage compared to those who are not married.

Unlike direct discrimination, indirect discrimination can be justified. The employer must show that the PCP is a proportionate means of achieving a legitimate aim. If the employer cannot justify the policy, it will be unlawful.

Examples of indirect discrimination:

• A requirement to relocate at short notice, which is harder for employees with a spouse or civil partner to comply with
• A policy requiring employees to attend extended residential training events, putting those with family commitments at a disadvantage
• An accommodation policy that charges married employees more for housing than single employees in equivalent roles

Victimisation

Victimisation under section 27 of the Equality Act occurs when you are treated badly because you have done, or your employer believes you have done, a “protected act.” A protected act includes making a complaint of marriage or civil partnership discrimination, bringing tribunal proceedings, giving evidence in someone else’s case, or making an allegation of discrimination.

Example: You complain that you were not promoted because of your marital status. After making the complaint, your employer selects you for redundancy even though your performance is stronger than colleagues who were retained. If the reason for your selection was your complaint, that is victimisation.

Why Harassment Is Not Covered

One of the most important things to understand about marriage and civil partnership discrimination is that the harassment provisions do not apply. Under section 26 of the Equality Act 2010, harassment is defined as unwanted conduct related to a protected characteristic that has the purpose or effect of violating someone’s dignity or creating a hostile environment. This provision specifically excludes marriage and civil partnership.

This does not mean you have no remedy if you experience hostile behaviour because of your marital status. If you can show that you were treated worse than someone who is not married or in a civil partnership, you may bring a claim for direct discrimination instead. The difference is that you need to identify a comparator (real or hypothetical), which is not required for harassment claims.

You may also be able to bring a harassment claim under a different protected characteristic. For example, if you are targeted with offensive comments after marrying someone of the same sex, that conduct is likely to amount to harassment related to sexual orientation, which is fully covered by the harassment provisions.

“Marriage and civil partnership discrimination is one of the less commonly claimed forms of workplace discrimination, but that doesn’t mean it doesn’t happen. The fact that harassment isn’t covered catches many people out. If you’re experiencing hostile treatment because of your marital status, there are still legal avenues available, but you need proper advice on how to frame your claim.”

Tom Street Principal Solicitor, Tom Street & Co.

The Key Legal Test: Status vs Identity

One of the trickiest aspects of marriage and civil partnership discrimination is proving that the treatment you received was because of your marital status rather than because of your relationship with a particular individual. The Equality Act protects you because you are married or in a civil partnership. It does not, on its own, protect you because of who you are married to.

This distinction has been tested in several important cases.

Cases where claims failed

In Hawkins v Atex Group Ltd (EAT/0302/11), the Employment Appeal Tribunal (EAT) held that dismissing an employee because of who she was married to, rather than because of the fact that she was married, did not amount to marriage discrimination. The key question was whether a single person in a close personal relationship with the same individual would have been treated the same way. If the answer is yes, the treatment is not because of marital status.

In Gould v St Johns Downshire Hill, a vicar was dismissed after 15 years’ service. He argued that his marriage breakdown was central to the trustees’ concerns about his performance. The EAT upheld the tribunal’s finding that marriage was merely a background circumstance and not the cause of his dismissal. The trustees had a range of unrelated concerns, and the fact that the situation would have been different had Rev Gould been single was not enough.

Cases where claims succeeded

In Dunn v Institute of Cemetery and Crematorium Management (EAT/0531/10), the EAT took a different view. It held that less favourable treatment on the ground that an employee was married to a particular person did amount to unlawful marriage discrimination. The reasoning was that by being married to that person, the employee also held the protected characteristic of being married.

In Bacon v Advanced Fire Solutions Ltd and Ellis, a woman was dismissed from her role as company director following her divorce from another employee. The employment tribunal found that a third manager was complicit with the ex-husband in excluding and ultimately dismissing her, and that this amounted to marriage discrimination.

What this means for your claim

The case law in this area is not entirely settled, and the distinction between the Hawkins and Dunn decisions can be fine. The practical test is whether you would have been treated the same way if you were in a similar relationship but were not married or in a civil partnership. If the answer is yes, then the treatment is about the relationship rather than the marriage itself, and a marriage discrimination claim is unlikely to succeed.

If you believe you have been treated badly because of a relationship at work, it is worth getting legal advice early to assess whether your situation falls within the protection of the Equality Act.

Common Workplace Scenarios

Marriage and civil partnership discrimination can arise in a range of workplace situations. Some are obvious, while others are more subtle.

Anti-nepotism and “no couples” policies

Some employers have policies preventing married couples or civil partners from working in the same department, or within the same line management chain. These policies can be lawful if they apply equally to all close relationships (not just married couples) and serve a legitimate business purpose. If the policy targets married couples specifically, and someone in an unmarried relationship would not face the same restriction, this could amount to discrimination.

Assumptions about commitment or availability

Employers sometimes assume that married employees will be less flexible, less willing to travel, or more likely to take time off for family reasons. Making decisions about recruitment, promotion, or task allocation based on these assumptions can amount to direct discrimination.

Employee benefits

Benefits packages that treat married employees or civil partners differently from single employees may give rise to indirect discrimination claims. For example, an employer who charges married employees more for company accommodation than single employees in equivalent roles could face a claim.

Redundancy selection

If marital status influences redundancy scoring, whether explicitly or as an unconscious bias, this can amount to discrimination. The selection criteria must be objective and applied consistently regardless of whether employees are married.

Recruitment decisions

Refusing to hire someone because they are married, or because the employer makes assumptions about a married person’s priorities, is direct discrimination. This includes situations where an employer assumes a married woman will soon want to start a family and therefore does not offer her a role.

Compensation for Marriage and Civil Partnership Discrimination

If your claim succeeds at an employment tribunal, compensation for discrimination is uncapped. This is one of the key differences between discrimination claims and unfair dismissal claims, where the compensatory award is currently capped at £118,223 (or 52 weeks’ gross pay, whichever is lower). The Employment Rights Act 2025 will remove the unfair dismissal compensation cap entirely from January 2027, but discrimination compensation has always been uncapped.

Compensation in discrimination cases typically includes two main elements.

Injury to feelings

Almost every successful discrimination claim will include an award for injury to feelings. The tribunal assesses these awards using the Vento bands, which are updated annually. For claims presented on or after 6 April 2025, the bands are:

The tribunal considers the effect of the discrimination on you personally. You do not necessarily need medical evidence; a tribunal can and does make awards based on your account of how the discrimination made you feel. You can receive an injury to feelings award even if you have suffered no financial loss.

Financial losses

If the discrimination caused you financial loss, you can claim compensation for past and future loss of earnings, pension losses, and other quantifiable losses. Because discrimination compensation is uncapped, there is no statutory limit on these awards.

The tribunal may also award interest at 8% simple on both financial losses and injury to feelings. Where the employer has unreasonably failed to follow the Acas Code of Practice on disciplinary and grievance procedures, the tribunal can increase the award by up to 25%.

Time Limits for Bringing a Claim

Under section 123 of the Equality Act 2010, you must bring your discrimination claim within three months minus one day from the date of the act you are complaining about. In practice, you must contact Acas (the Advisory, Conciliation and Arbitration Service) to start Early Conciliation within this time limit. The clock then stops for up to 12 weeks while Acas attempts to resolve the dispute.

If the discrimination involved a series of connected events, the time limit runs from the date of the last act in that course of conduct. This is known as a “continuing act,” and it can be particularly relevant where discrimination has built up over time.

The Employment Rights Act 2025 will extend these time limits to six months for all employment tribunal claims. This change is expected no earlier than October 2026. Until then, the three-month time limit applies. For more on tribunal time limits, see our employment tribunal time limits guide.

How to Build a Strong Case

Marriage and civil partnership discrimination can be difficult to prove. Your employer is unlikely to state openly that your marital status was the reason for their decision. Building a strong case requires careful preparation from the outset.

Keep a detailed record

Write down every incident as soon as it happens. Include the date, time, location, what was said or done, and who was present. Contemporaneous records carry significant weight at tribunal because they are harder to dispute than recollections months or years after the event.

Preserve written evidence

Save emails, text messages, meeting notes, and any other written communications that support your case. If a colleague makes a discriminatory comment verbally, consider sending a follow-up message referencing what was said. For example, texting your partner about a remark shortly after it happened can serve as useful evidence, even though it is not a direct record of the conversation.

Raise a formal grievance

Following your employer’s grievance procedure is important. It shows you have taken reasonable steps to resolve the issue, and your employer’s response to the grievance can itself become evidence in your claim. The tribunal will also look at whether both sides have followed the Acas Code of Practice.

Focus on the right legal test

Remember: you need to show that the treatment was because of your married or civil partner status, not simply because of a workplace relationship. Ask yourself whether a colleague in an identical but unmarried relationship would have been treated the same way. If the answer is no, that supports your claim.

“The single most valuable thing you can do if you suspect discrimination is to keep a record in real time. A diary entry written on the day of an incident is far more persuasive than trying to recall details months later when you’re preparing a witness statement. It doesn’t need to be formal; a note on your phone with the date, what happened, and who was there is enough.”

Tom Street Principal Solicitor, Tom Street & Co.

The burden of proof

Discrimination claims benefit from a shifted burden of proof. Under section 136 of the Equality Act, if you can establish facts from which the tribunal could conclude that discrimination took place, the burden shifts to your employer to prove that discrimination was not the reason for the treatment. This is an important advantage, because it means your employer must provide a credible, non-discriminatory explanation.

What to Do If You’re Experiencing Discrimination

If you believe you are being discriminated against because of your marriage or civil partnership, act quickly. Time limits are strict, and early advice can make a significant difference to the strength of your case.

Step 1: Record everything. Start keeping a written diary of incidents, noting dates, times, what happened, and any witnesses.

Step 2: Raise it informally. If you feel safe doing so, raise the issue with your manager or HR team. Sometimes discrimination results from ignorance rather than malice, and an informal conversation may resolve the problem.

Step 3: Submit a formal grievance. If informal approaches don’t work, follow your employer’s formal grievance procedure. Put your complaint in writing and be specific about the behaviour you consider discriminatory and why.

Step 4: Get legal advice. Contact an employment solicitor to assess whether you have a viable claim and what your options are. We offer a no win no fee service for many discrimination claims.

Step 5: Start Acas Early Conciliation. Before you can submit a claim to the employment tribunal, you must contact Acas to start Early Conciliation. This must happen within three months minus one day of the discriminatory act (or six months once the ERA 2025 change takes effect).

Step 6: Submit your tribunal claim. If Early Conciliation does not resolve the dispute, you can submit your claim to the employment tribunal. Your solicitor can help you complete the ET1 claim form and prepare your case.