Marriage and Civil Partnership Discrimination

Marriage & Civil Partnership Discrimination: Legal Support for Employers and Employees

Everyone should be treated equally at work—regardless of whether they’re married or in a civil partnership. Unfortunately, some employees are still unfairly treated, overlooked, or dismissed due to their relationship status – this is called Marriage and Civil Partnership discrimination.

Whether you’re experiencing discrimination at work or managing a complaint, defending a claim, or already involved in a dispute as an employer, our specialist employment lawyers can provide clear, pragmatic support tailored to your needs.

We’re here to guide you through every stage—from raising an internal grievance or defending disciplinary action, to negotiating settlements or navigating Employment Tribunal proceedings.

What Is Marriage and Civil Partnership Discrimination?

Marriage and civil partnership is one of the protected characteristics under the Equality Act 2010. This means employees are legally protected against unfair treatment at work because they are:

● Married (whether in a religious or civil ceremony)
● In a civil partnership (available to both same-sex and opposite-sex couples)

The law applies to current and prospective employees. Employers must not treat someone less favourably than others because of their marital or civil status, and must take reasonable steps to prevent such discrimination in the workplace.

We support employers with ensuring compliance through clear HR guidance, effective training, and robust documentation.

Examples of Discrimination & Risk Scenarios

While it may be less commonly reported than other types of discrimination, unfair treatment based on marital or civil partnership status still happens.

Here are some examples we regularly advise employees on:

● Being excluded from client-facing roles because your employer believes a married person “wouldn’t fit the image”
● Denied promotion after getting married, based on assumptions that your priorities will shift
● Being dismissed or demoted after your employer discovers you married a competitor or a colleague from another department
● Being treated differently for not being in a relationship, where the comparator is someone who is married or in a civil partnership
● Suffering retaliation or negative treatment after making or supporting a complaint about such discrimination

And for employers, we regularly assist with:

● Responding to internal grievances involving relationship-status discrimination
● Investigating complaints fairly and in line with policy
● Reviewing promotion or redundancy decisions for risk exposure
● Ensuring recruitment and HR materials do not reflect unconscious bias
● Resolving claims via settlement or Employment Tribunal defence

In any of these circumstances, you may be entitled to bring a legal claim or seek compensation.

For employers, early legal advice can reduce reputational and financial risk significantly.

Who Is Protected?

You are protected under the Equality Act if you are:

● Legally married, whether through a civil or religious ceremony
● In a registered civil partnership
● Perceived to be married or in a civil partnership (i.e. your employer assumes this)
● Associated with someone who is married or in a civil partnership (e.g. your spouse is also an employee and your employer acts based on that connection)

This protection applies from day one of your employment and covers recruitment, promotion, pay, dismissal, training opportunities, and all other aspects of work.

Employers must consider this protection when designing procedures and conducting internal decisions. We help businesses assess risks and implement compliant policies.

What Does the Law Not Cover?

It’s important to understand the limitations of the law in this area. The Equality Act 2010 does not provide protection under this characteristic for:

● People who are single, divorced, separated or widowed
● Discrimination based on who you’re married to (unless it’s connected to another protected characteristic, like race or religion)
● Indirect discrimination or harassment, unless you can link it to another protected characteristic (e.g. sex, religion, etc.)

If your experience overlaps with another form of discrimination (e.g. sex or religion), we can help you build a claim that considers all relevant aspects.

Employers often face nuanced issues involving more than one protected characteristic. We advise on practical approaches to minimise liability and manage employee concerns fairly.

What Are Your Legal Options?

For Employees:

If you believe you’ve been treated unfairly because of your marriage or civil partnership, our solicitors can help you:

1. Raise the issue informally with HR or management
2. Submit a formal grievance under your employer’s internal procedure
3. Negotiate a settlement or severance agreement
4. File a claim at the Employment Tribunal (usually within 3 months less one day of the last discriminatory act)

Time limits are strict—so it’s crucial to seek legal advice early.

For Employers:

We provide strategic advice to help you:

1. Investigate internal complaints and prepare appropriate responses
2. Review and update your discrimination and equality policies
3. Negotiate settlements to avoid escalation
4. Defend claims at tribunal, from ET3 responses to full representation

How We Can Help

At The Jonathan Lea Network, we offer a full suite of employment law services tailored to your situation. Whether you’re an individual or an employer, we can:

For Employees:

● Assess the strength of your claim and provide strategic advice
● Draft grievance letters or complaints to your employer
● Handle correspondence and negotiations with your employer or their solicitors
● Represent you at mediation, the Employment Tribunal, or in court if needed
● Advise on linked claims such as unfair dismissal, victimisation, or sex discrimination

For Employers:

● Respond to grievances or Employment Tribunal claims
● Advise on risk areas and policy wording
● Provide guidance on internal investigations
● Help settle disputes through Acas or private mediation
● Deliver in-house training or conduct HR audits

We’re known for combining legal precision with empathy, discretion and clarity. Whether you’re navigating an individual experience or managing a workplace issue, your career, business and peace of mind matter—and we’ll work tirelessly to protect them.

Why Choose Us?

✅ Employment law specialists with extensive experience in discrimination cases
✅ Straightforward advice you can trust—no jargon, just results
✅ Client-centred approach that puts your needs first
✅ Flexible fee structures, including fixed-fee initial consultations
✅ Responsive and transparent—we keep you updated every step of the way

Get Expert Advice Today

Whether you’re an employee facing discrimination, or an employer seeking to manage risk and maintain compliance, you don’t have to face it alone.

Contact our employment law team today for a confidential consultation.

📞 Call us on: 01444 708 640
📧 Email: wewillhelp@jonathanlea.net
📩 Or submit an enquiry via our Contact Form

Image credit Lareised Leneseur