Marital and Civil Partnership Discrimination

Do you employ married couples or couples in civil partnerships? Do you have issues with one half of the couple that may influence your treatment of the other half? If so, a recent Employment Appeal Tribunal decision may help you decide how you deal with any issues that arise with those employees.

Marriage and civil partnership are protected characteristics under section 8 of the Equality Act 2010. As a result an employer cannot treat someone less favourably because they are married. However, in the recent case of Dunn  -v-  Institute of Cemetery and Crematorium Management (UKEAT/0531/10) the EAT considered whether the analogous protection under the Sex Discrimination Act 1975 extended not only to protect an employee from discrimination because they are married, but also because they are married to a particular person.

Mrs Dunn was employed by the Respondent as a Technical Services Manager, having previously acted as a volunteer for them. Her husband was also a volunteer. Mrs Dunn raised grievances about her employment terms and, after a period of dispute, resigned and claimed constructive dismissal. She also claimed direct discrimination in breach of the Sex Discrimination Act 1975 on the basis of less favourable treatment because she was married to Mr Dunn, who was also in dispute with the Respondent. Mrs Dunn alleged that her employer had treated her less favourably because of its negative opinion of her husband.

The EAT concluded that protection from discrimination because of marriage or civil partnership extended to protection from discrimination because the employee was married or in a civil partnership with their particular partner.  Mrs Dunn was therefore entitled to protection from less favourable treatment because of her marriage to Mr Dunn.

Next time you find yourself addressing issues with an employee whose partner you may have had a run in with, think carefully about the steps you take and make sure you are not treating them less favourably because of your opinion of their partner.  If in any doubt, why not give Follett Stock's Employment Team a call to discuss? Call us on 01872 241700.