The conciliation service, Acas, has produced new guidance on how to avoid discrimination on the grounds of marriage and civil partnership in the workplace.

The guide, which is aimed at employers, managers and trade union representatives provides an overview as to how marriage and civil partnership discrimination can occur, how it can be dealt with and how the various parties can reduce the chance of future discrimination.

In particular, the guide points out that:

  • the Equality Act does not require any minimum length of continuous employment, or any employment at all in the case of a job applicant, for a discrimination claim to be made
  • under the Act, discrimination is unlawful at all stages - from when a role is advertised and interviewed for, through to the last day of employment and beyond, including any references
  • discrimination against men on the basis of their marriage status is just as unlawful as discrimination against women
  • an alleged discriminator cannot defend themselves by saying they are married or a civil partner, or that their actions were because of their religious or other beliefs
  • in certain circumstances, people who are married or in a civil partnership are still protected from marriage and civil partnership discrimination if one or both people in the relationship are changing their gender

The guide therefore recommends that employers should have policies in place which are designed to prevent discrimination in recruitment and selection; pay and terms and conditions of employment; promotion opportunities; training and development; dismissal; and selection for redundancy.

However, it also makes clear that employers may be able to justify different terms and conditions if there is an important factor or factors not related to marriage or civil partnership, or, for example, the employee's sex. For instance, these factors might include job experience, qualifications and where the job is based geographically.

The guide also sets out how employees should raise complaints of discrimination and how, in turn, employers should handle them.

Gerard Airey of Thompsons Solicitors said: “It is positive that ACAS have turned their attention to producing guidance on this area of discrimination. There are not many cases asserting that this type of discrimination has taken place, so it is useful that this guidance has been produced to draw attention to these rights.”

To read the guidance in full, go to: http://www.acas.org.uk/media/pdf/l/c/Marriage_and_Civil_Partnership_Guide.pdf