UK: Marital status discrimination - less favourable treatment because of marriage to a particular person is unlawful

Treating someone less favourably because they are married to a particular person is unlawful, according to a recent EAT decision.

The claimant alleged that she was treated less favourably because her husband was employed by the same employer and was in dispute with them. The treatment was not simply because of her status as a married person, but rather because of her relationship with a particular man. Surprisingly, the EAT was untroubled by the suggestion that she might have been treated similarly had she been in a close but unmarried relationship with the same man.

This seems to go further than previous caselaw and, unless appealed, could call into question employer policies such as prohibiting employees in close relationships working together, or refusing to employ those in a close relationship with someone working for a competitor due to the risk of disclosure of confidential information - any married employees (or employees who are registered civil partners) subjected to such policies may now be able to claim unlawful discrimination. (Dunn v The Institute of Cemetery and Crematorium Management, EAT)