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Marriage and civil partnership discrimination

The law relating to marriage and civil partnership discrimination is governed by the Equality Act 2010, which came into force on 1 October 2010.

While the Equality Act 2010 largely consolidated previous discrimination legislation, it also defined marriage and civil partnership as a protected characteristic in its own right and removed the requirement for a comparator to establish victimisation.

According to statutory guidance, this protected characteristic covers “will cover any formal union of a man and a woman which is legally recognised in the UK as a marriage”. Marriage to same-sex partners would also be covered. A civil partnership is one that is registered under the Civil Partnership Act 2004, including those registered outside the UK.


    • Employment law
    • Equality, diversity and inclusion
    • Latest News

    Union branch wants rights for polyamorous people

    by Rob Moss 9 Apr 2025
    by Rob Moss 9 Apr 2025

    Union branch submits motion to the Scottish Trades Union Congress for polyamory and polyamorous relationships to be protected rights.

    • Age discrimination
    • Associative discrimination
    • Case law

    EHRC opens consultation on updated code of practice

    by Rob Moss 2 Oct 2024
    by Rob Moss 2 Oct 2024

    EHRC launches consultation on code of practice for services, public functions and associations, which has been updated in light of case law.

    • Case law
    • Marriage and civil partnership discrimination
    • LGBT

    Supreme Court gives gay man equal pension rights

    by Jo Faragher 12 Jul 2017
    by Jo Faragher 12 Jul 2017

    The Supreme Court has granted an appeal in a case where a worker claimed his same-sex partner should get the...

    • Case law
    • Marriage and civil partnership discrimination
    • Human rights

    Co-habiting unmarried partner wins pensions case

    by Rob Moss 8 Feb 2017
    by Rob Moss 8 Feb 2017

    Unmarried partners of occupational pension scheme members should be eligible for survivor pension benefits, regardless of whether or not they...

    • Absence
    • Collective redundancy
    • Case law

    Five important employment law cases in 2015… and five more to come

    by Stephen Simpson 10 Aug 2015
    by Stephen Simpson 10 Aug 2015

    We round up five significant employment case law decisions that have already been made in 2015, and look at five...

    • Marriage and civil partnership discrimination
    • Pensions

    Equalise pension survivor benefits for same-sex couples, urges TUC

    by Jo Faragher 29 Jun 2015
    by Jo Faragher 29 Jun 2015

    The TUC is calling for the Government to review pension survivor benefits for same-sex couples, since civil partners or same-sex...

    • Disability discrimination
    • Maternity
    • Marriage and civil partnership discrimination

    Employment law: 10 cases to look out for in 2014

    by Stephen Simpson 3 Jan 2014
    by Stephen Simpson 3 Jan 2014

    We round up 10 of the significant legal decisions expected in 2014.

    • Case law
    • Equality, diversity and inclusion
    • Marriage and civil partnership discrimination

    Court of Appeal finds B&B’s refusal to accommodate gay couple to be unlawful

    by Kate Hodgkiss 9 Oct 2013
    by Kate Hodgkiss 9 Oct 2013

    In DLA Piper’s case of the week, the Court of Appeal upheld a decision that a B&B owner’s refusal to...

    • Equality, diversity and inclusion
    • Marriage and civil partnership discrimination
    • Religious discrimination

    ECHR announces final rejection of Christians’ religious discrimination claims

    by John Eccleston 29 May 2013
    by John Eccleston 29 May 2013

    The European Court of Human Rights (ECHR) has confirmed that the three unsuccessful applicants in the case of Eweida and...

    • Employment law
    • Equality, diversity and inclusion
    • Marriage and civil partnership discrimination

    Four cases of religious discrimination and their effect on business

    by Personnel Today 25 Feb 2013
    by Personnel Today 25 Feb 2013

    Amanda Jones and Alan Delaney look at the decisions in four recent cases of religious discrimination and discuss their potential...

    • Employment law
    • Marriage and civil partnership discrimination
    • Opinion

    Limits on employers’ right to interfere in workers’ private lives

    by Personnel Today 25 Jan 2013
    by Personnel Today 25 Jan 2013

    With the recent decision in Redfearn v United Kingdom, the European Court of Human Rights (ECHR) signalled that there is...

    • Employment law
    • Equality, diversity and inclusion
    • Marriage and civil partnership discrimination

    What does the Eweida ruling really mean for employers?

    by John Eccleston 15 Jan 2013
    by John Eccleston 15 Jan 2013

    Today’s ruling by the European Court of Human Rights (ECHR) that a Christian employee had her human rights breached by...

    • Employment law
    • Equality, diversity and inclusion
    • Marriage and civil partnership discrimination

    European Court rules on long-running religion cases

    by John Eccleston 15 Jan 2013
    by John Eccleston 15 Jan 2013

    A Christian employee of British Airways had her human rights breached by not being allowed to wear a cross to...

    • Employment law
    • Equality, diversity and inclusion
    • Disability

    Employment law: 10 cases to look out for in 2013

    by Personnel Today 2 Jan 2013
    by Personnel Today 2 Jan 2013

    Two long-running religious discrimination cases are among those pending for 2013, alongside other important employment law decisions pending on redundancy, TUPE and...

    • Employment law
    • Equality, diversity and inclusion
    • Marriage and civil partnership discrimination

    European Court of Human Rights ruling “could change UK law on religious discrimination”

    by Laura Chamberlain 4 Sep 2012
    by Laura Chamberlain 4 Sep 2012

    Four religious discrimination cases that have been taken to the European Court of Human Rights (ECHR) could have wide-ranging implications...

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