UK: Marital status discrimination - previous EAT ruling incorrect

Employers can continue to apply particular rules to married employees (or registered civil partners) provided that those in a close unmarried relationship are treated in the same way.

A recent EAT case decided that treating an employee less favourably because they are married to a particular person is unlawful marital status discrimination, even where they would have been treated the same had they been in a close unmarried relationship with that person.

This called 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.

Employers will therefore welcome another EAT decision disagreeing with this approach and preferring the orthodoxy that there is only unlawful marital status discrimination where the employee would have been treated more favourably had her relationship been close but unmarried. Although there are now two conflicting decisions at EAT level, this more recent ruling from the President of the EAT, which is supported by other case law, should be preferred. (Hawkins v Atex Group, EAT)