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Marriage discrimination - tribunal finds director's dismissal amounts to discrimination

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Divorce rates between heterosexual couples hit 45-year low

It has recently been reported that the Norwich employment tribunal have ruled that a former company director who was dismissed was subjected to differential treatment which amounted to acts of marital discrimination.

Whilst working for the company, the claimant was married to another employee and fellow director of the company. Upon the breakdown of the claimant’s marriage, the claimant alleged that her employer began to treat her differently on the grounds of the same, favouring her former spouse.

It was alleged that the claimant was subsequently dismissed, her employer citing that they had ‘no other alternative’, in light of the circumstances.

Within their ruling, the tribunal found that, ‘it is clear that the claimant was being subjected to less favourable treatment on the grounds of her marital status’.

Whilst the tribunal have found in favour of the claimant, no date has been set for the determination of remedy/award, at this time.

In accordance with the Equality Act 2010, you are protected from  unfavourable treatment constituting discrimination in employment because you are married or in a civil partnership.

What is discrimination?

Under the Equality Act 2010, discrimination is the unequal treatment of an individual/individuals on the grounds of one or more of a protected characteristic. The protected characteristics are:

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Race
  • Religion or belief
  • Sex
  • Sexual orientation
  • Pregnancy and maternity

If you feel that you have been treated differently or have been subjected to a detriment due to any of these protected characteristics, please call our specialist discrimination team for further advice on  01616 966 229