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Marriage and civil partnership discrimination meaning

What does Marriage and civil partnership discrimination mean?
In practice, this refers to unlawful less favourable treatment because a person is married or in a civil partnership. In Great Britain (England, Wales and Scotland), it is a protected characteristic under the Equality Act 2010, but the protection is narrow: it covers only direct discrimination and victimisation in work (employees, workers and office-holders). It does not apply to services, public functions or education, and there is no indirect discrimination or harassment ground tied solely to marriage and civil partnership. The treatment must be because the person’s status is married or a civil partner (not because of their spouse’s identity). Unmarried, divorced or widowed people are not protected under this characteristic. Typical claims include policies forbidding spouses from working together, disciplining someone for marrying a colleague, or withdrawing benefits when an employee enters a civil partnership. In Northern Ireland, analogous protections arise under separate equality legislation (including the Sex Discrimination (Northern Ireland) Order 1976 and later amendments), covering marital/civil partnership status and extending beyond employment to many goods and services contexts. In Ireland, the Employment Equality Acts and Equal Status Acts protect the broader ground of civil status (including married and civil partners) in both employment and non-employment contexts.
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View the related News about Marriage and civil partnership discrimination

NEWS
‘Stepchild’ in local authority discretionary secure tenancy succession: marriage or civil partnership required; Court of Appeal (England and Wales) rejects Article 14 and late new points (Abdelrahman v LB Islington)

Abdelrahman v The Mayor and Burgesses of The London Borough of Islington [2025] EWCA Civ 1038 What are the practical implications of this case? Interpreting policies The court reiterates to practitioners that deciding what a policy means is equally its function in housing as it is in other spheres, such as planning, where the point arises more often. A local authority may devise policies, including a discretionary succession policy, as part of its allocation scheme. Although applying a policy lies with the authority, construing its meaning is a question for the court. Even so, a policy is not to be read as though it were legislation or a contract (see, for instance, Tesco Stores Ltd v Dundee City Council [2012] UKSC 13 at paras [18]—[19])...

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View the related Practice Notes about Marriage and civil partnership discrimination

PRACTICE NOTES
Sexual orientation discrimination: workplace protections, prohibited conduct, liabilities, defences and remedies under the Equality Act 2010 (England, Wales and Scotland)

This Practice Note outlines the available resources concerning safeguards and liabilities arising from acts or failures to act that constitute sexual orientation discrimination, or other forms of prohibited conduct linked to sexual orientation. The detail here is intentionally limited, as the principal aim is to point subscribers towards comprehensive materials contained in additional Practice Notes that explore each element in depth. Consequently, treat this Practice Note as an entry point for research; full coverage is provided only in the places signposted below. Its role is to point you forward, not to replace the comprehensive Practice Notes that address each strand of the topic at length, and the links below are where complete information is intended to be consulted and used. The characteristics protected The Equality Act 2010 (EqA 2010) affords protection against discrimination and other prohibited conduct connected to particular listed characteristics a person may have. Some protections apply solely to one such characteristic. Others operate uniformly across all of them, which together are described as ‘the protected...

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PRACTICE NOTES
Equality Act 2010 in Schools (Great Britain): protected characteristics, exceptions, PSED, case law and enforcement

This Practice Note explores which provisions of the Equality Act 2010 (EqA 2010) bring into force the prohibitions on discrimination in schools, the various forms of discrimination—sex, race, religion or belief, age, marriage or civil partnership, and disability—and any relevant exceptions that may apply. It further explains that the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017, SI 2017/353, oblige education-function public authorities to publish yearly information showing compliance with the public sector equality duty (PSED) in EqA 2010, s 149... The public sector equality duty Under the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017, SI 2017/353, specific obligations apply to public authorities with education responsibilities. Those bodies must publish material evidencing adherence to the PSED under EqA 2010, s 149, at annual intervals. This must be done every year. See Practice Notes: Specific public sector equality duties—England and Specific public sector equality duties—Wales...

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PRACTICE NOTES
Disability discrimination under the Equality Act 2010: workplace protections, reasonable adjustments, liabilities, defences and remedies (Great Britain)

This Practice Note sets out the available resources on protections and liabilities arising from actions and omissions that amount to disability discrimination, or other forms of prohibited conduct linked to disability. The level of detail here is intentionally light, as its main function is to signpost subscribers to the comprehensive materials contained in the many further Practice Notes that examine each aspect in full. Its role is to direct readers to linked materials covering each topic in depth. Accordingly, treat this Practice Note as a starting point for research; complete information is located elsewhere via the links below. The characteristics protected The Equality Act 2010 (EqA 2010) guards against discrimination and other proscribed conduct relating to certain listed characteristics that people may have. Certain protections apply solely to one such characteristic, while others operate uniformly across them all, collectively known as ‘the protected characteristics’. Some safeguards are characteristic-specific, while others span them all. ‘Disability’ is among them; the remainder are: age gender reassignment ...

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View the related Precedents about Marriage and civil partnership discrimination

PRECEDENTS
Workplace Equality, Diversity and Inclusion Policy (Short Form): Protected Characteristics; Discrimination, Harassment and Victimisation; Responsibilities, Training, Complaints and Disciplinary Action

1 Policy statement The Company is committed to advancing equality, diversity and inclusion (EDI). By this we mean: equality: delivering fair treatment and equal opportunity for all employees, workers and job applicants, and eradicating unlawful discrimination; diversity: acknowledging, respecting and valuing the differences in our people’s protected characteristics, backgrounds, skills and experience, and encouraging gender, age and ethnic diversity, alongside diverse physical ability and neurodiversity across our workforce; inclusion: creating a fair, safe workplace for everyone that values difference and enables each person to be themselves, reach their potential and thrive at work. The Company will not unlawfully discriminate against any employee, worker or job applicant on the basis of any protected characteristic recognised by current legislation, namely: age; disability; gender reassignment; marriage or civil partnership status; pregnancy and maternity; race (including colour, nationality and ethnic or national origin); religion or belief; sex; or sexual orientation...

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PRECEDENTS
Employment Tribunal ET3 precedent: resisting a marriage or civil partnership discrimination claim (Equality Act 2010, England, Wales and Scotland)

[ Insert in para 6.1 of response form ET3: ] Paragraph 1 of the Grounds of Claim is admitted. It is admitted that the Respondent advertised a team leader vacancy on [ insert date ]. That role involved substantially longer working hours than those undertaken by the Claimant. It is further admitted that the Claimant spoke with his manager about the vacancy on or around [ insert date ], but it is denied that the manager expressed surprise at the Claimant’s interest. The Claimant, not the manager, asked what hours would be required for the team leader position, and Mr A outlined the requirements of the role...

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PRECEDENTS
Workplace Equality, Diversity and Inclusion Policy: Legal Framework, Procedures and Responsibilities under the Equality Act 2010

1 Policy statement 1.1 The Company is firmly dedicated to advancing equality, diversity and inclusion (EDI), meaning: Equality: delivering equal opportunity and fairness for all employees, workers and job applicants, and eradicating unlawful discrimination; Diversity: acknowledging, appreciating and valuing differences in our people’s protected characteristics, backgrounds, skills and experience, and encouraging gender, age and ethnic diversity, diverse physical ability and neurodiversity across our workforce; Inclusion: cultivating a fair, safe working culture for everyone, which respects our differences and allows each person to be themselves, realise their potential and flourish at work. 1.2 The Company will not unlawfully discriminate against any employee, worker or job applicant on the grounds of any protected characteristic recognised by current legislation, namely: age; disability; gender reassignment; marriage or civil partnership status; pregnancy and maternity; race (including colour, nationality and ethnic or national origin); religion or belief; sex; or sexual orientation...

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View the related UK Parliament Acts about Marriage and civil partnership discrimination

UK PARLIAMENT ACTS
8 Marriage and civil partnership

(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.

UK PARLIAMENT ACTS
13 Direct discrimination

(1)     A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.(2)     If the protected characteristic is age, A does not discriminate against B if A can show A's treatment of B to be a proportionate means of achieving a legitimate aim.(3)     If the protected characteristic is disability, and B is not a disabled person, A does not discriminate against B only because A treats or would treat disabled persons more favourably than A treats B.(4)     If the protected characteristic