Marriage and civil partnership discrimination occurs when a person is treated unfairly because they are married or in a civil partnership. If you feel that you are being discriminated against at work because of your marital status, our dedicated discrimination solicitors may be able to help.
We understand that facing discrimination in the workplace is stressful and upsetting.
Our lawyers will work hard to alleviate the stress and provide you with clarity on your legal options and ways of resolving your complaints. Our team has years of experience in discrimination cases and can provide you with expert advice and representation at every stage of the process.
Our aim is to achieve a positive resolution for you quickly, avoiding wherever possible the time, costs and stress of litigation. But when tribunal proceedings are unavoidable , you can rely on us to provide you with robust and effective representation. Our specialist solicitors have successfully secured substantial awards of compensation for victims of discrimination.
If you are being discriminated against at work, contact a member of our discrimination team today.
Marriage covers any formal union which is legally recognised in the UK as a marriage. Civil partnership is defined as a relationship between two people of the same sex where the partnership has been registered either in the UK or overseas at a British Consulate. Therefore, marriage between a man and a woman and between same-sex couples are covered.
Discrimination occurs when someone is disadvantaged or treated unfairly because of, or for a reason related to marriage or civil partnership.
The Equality Act 2010 covers all “employment” and applies to apprentices, workers, employees and applicants for work. Ex-employees/workers are also protected from discrimination by a former employer.
The organisation concerned is generally liable for acts of discrimination; however, individuals may also be personally liable.
Where a Tribunal finds that a claim is well founded, it can order the employer to pay compensation for financial losses, injury to feelings, personal injury damages and, in extreme cases, aggravated damages. Injury to feelings compensation is awarded according to the severity of the discrimination and the extent of hurt feelings and is separated into lower, middle and higher bands.
The Tribunal can also recommend that the employer takes specified steps to remove or reduce the adverse effects of the discrimination on the Claimant (a “recommendation”).
If you think you have been discriminated against, you might be entitled to compensation but the appropriate value can be difficult to assess.
Establishing that discrimination occurred is not straightforward. Sufficient evidence must be provided to enable a tribunal to conclude it is more likely than not that you were discriminated against by the employer.
There will need to be some factual basis upon which the tribunal can make its findings. It therefore helps if you can produce relevant letters or documents that evidence the discrimination or tend to show that it was likely to have occurred. It is also useful to make a note of the key incidents and the dates on which they took place.
This occurs when an employer, because of marriage/civil partnership, treats a worker less favourably than he treats, or would treat, a person who is not married or in a civil partnership. It is therefore necessary to identify a comparator.
This type of discrimination cannot be justified under any circumstances.
This arises when an employer applies a “provision, criterion or practice” (such as a policy) which is not intended to treat anyone less favourably, but which in practice has the effect of disadvantaging those who are married or in a civil partnership.
An employer must not therefore have selection criteria, policies, employment rules or any other practices that whilst neutral on the face of it, have the effect of disadvantaging employees or job applicants that are married or in a civil partnership.
Employers can only defend indirect discrimination claims if they can show that the provision, criterion or practice as a proportionate means of achieving a legitimate aim.
Some workers may be deterred from exercising their rights under the Act e.g. by raising a complaint or grievance or from supporting others who wish to exercise their rights because they fear they will be victimised by their employer.
The Act, in summary, protects workers who make a complaint of discrimination from being treated badly (subjected to a detriment) because they have complained.
If you feel you have been discriminated against because you are married or in a civil partnership, you may be able to bring a claim to an Employment Tribunal. Claims must be brought within three months (less one day) of the act complained of subject to any extension of time granted by correct use of ACAS Early Conciliation.
Where discrimination has occurred over a period of time, the claim must be brought within three months (less one day) of the date of the last act in a series of interconnected, linked acts, subject to any extension of time granted by correct use of ACAS Early Conciliation.
If you wish to bring a claim against your employer, it is important to note that in most cases you must submit a written grievance complaining of the discrimination. A failure to do so could result in compensation being reduced by up to 25%. However, the grievance process has no impact on the time limits unless further acts of discrimination occur.
Our Employment Rights team has a longstanding reputation for helping clients with a variety of employment law claims, including discrimination.
We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solutions to support you.
As a Yorkshire-based firm, you can benefit from our competitive rates. We believe in representing people, not large organisations, which is why we aim to provide expert advice, personable service, and excellent value for money.
All our services can be provided at your convenience either in-person, over the phone or by email or post. So, it doesn’t matter where you live, we’ll always be here to support you.
Want more information? Contact a member of our team today.
The service we received was exceptional, we were kept in formed at every step. The whole experience was dealt with in a very professional manner.
Employment Rights Client, January 2022.
The service we received was exceptional, we were kept in formed at every step. The whole experience was dealt with in a very professional manner.
Employment Rights Client, January 2022
Clear and honest communication and available to speak with when required. A very professional service.
Employment Rights Client, January 2022
Regular updates and clear information without the jargon helped with a group claim that would otherwise have not been awarded
Maddie Daley, January 2022
Morrish Solicitors service was excellent. The level of professionalism was exemplary. I would recommend the firm to everyone, due to the standard of service I received. A job well done and thanks so much for helping me through a difficult period and obtaining the best possible outcome.
Mark Stewart, November 2021
