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Essential points

  • The main legislation governing marriage and civil partnership discrimination in the UK is the Equality Act 2010 (note that Northern Ireland has its own equality laws).
  • Marriage and civil partnership discrimination occurs when someone is discriminated against contrary to the Equality Act 2010 because of that status.
  • The provisions do not protect those who are single, ie it is not unlawful to discriminate against a person because they are unmarried (although other protected characteristics may apply, such as sex).
  • The forms of discrimination which the Equality Act renders unlawful for marriage and civil partnership are more limited than other protected characteristics, protecting against:
    • Direct discrimination: treating someone less favourably than another because of their marriage and civil partnership status;
    • Indirect discrimination: applying a provision, criterion or practice which puts persons who are married and/or in a civil partnership at a greater disadvantage, and which cannot be justified; and
    • Victimisation 
  • The act protects the status (marital or in a civil partnership) where this is the reason for the treatment and there are specific, narrow exceptions which apply.
  • Care should be taking when considering policies in the workplace which address close working relationships.

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Disclaimer 

Please note: While every care has been taken in compiling this content, CIPD cannot be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice. 

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