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If an individual feels that they have been discriminated against as a result of their marital status in the course of their employment, our specialists would welcome the opportunity to discuss the case with you. We appreciate that this is often a difficult time and offer a range of funding options to help. Please complete our online enquiry form or telephone us on 01616 966 229 and we will be happy to discuss your options and guide you through the process.
Marital status discrimination is one of the lesser-known characteristics protected from unlawful discrimination, that is to say a person who is married or in a civil partnership is protected against unlawful discrimination on the basis of their legal partnership status.
It is however, important to note that the status of being unmarried or single is not protected in the same way, nor are people who intend to marry or form a civil partnership, or who have divorced/dissolved their civil partnership.
Unlike other protected characteristics, this characteristic only applies to claims brought in the Employment Tribunal, nor can employees bring a claim on the basis of harassment connected to being a married person or in a civil partnership.
Divorce discrimination, although not currently recognised as a distinct protected characteristic under the Equality Act 2010, can still impact individuals in the workplace. Employees going through a divorce or separation may face unfair treatment, exclusion, or bias based on their recent change in marital status. While the law protects individuals who are married or in a civil partnership, it does not extend that protection to those who are divorced or separated. However, in some cases, this kind of treatment may fall under indirect discrimination or even sex discrimination, depending on the context and circumstances.
As an employee, if you believe your employer's actions or policies have unfairly disadvantaged you as a result of your divorce, it may be possible to bring a claim, particularly where the discrimination overlaps with other protected characteristics. It is vital to seek expert legal advice to explore the merits of your case and understand the options available to you.
Marital status discrimination can manifest in various ways in the workplace. Some examples include:
Employers must ensure their practices and workplace culture do not penalise employees based on their marital status. Ignoring this obligation can lead not only to legal repercussions but also to a negative reputation and reduced employee morale.
At Stephensons, we have a national reputation for providing expert legal advice and representation in all aspects of employment law. Our specialist solicitors are experienced in handling complex discrimination claims, including those involving marital status and divorce-related issues. We work with clients to achieve the best possible outcome while offering clear, practical advice throughout the process.
We are recognised by The Legal 500 and Chambers & Partners as leading employment law specialists. Our team includes members of the Employment Lawyers Association and we are accredited by the Law Society for excellence in legal services. These independent endorsements reflect our commitment to high standards and successful client outcomes.
Stephensons provides flexible funding options, including fixed fees and competitive hourly rates, making legal support accessible for individuals facing workplace discrimination. With our client-focused approach and years of experience, you can trust us to handle your case with professionalism and care.
If you believe that you have been the victim of discrimination because of your marital status or as an employer you have received a complaint of such and would like to speak to a member of our team call us on 0161 696 6170 or complete our online enquiry form without delay.
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