Changes to attitudes of the idea of “the wife” in the workplace have been happening for centuries but took quite the uptick since the 50’s and have expanded to cover all sorts of people in the workplace under the Equality Act 2010. Evolution from the Equal Pay Act in 1970, which made it illegal to pay men less than women, eventually led to marriage as a protected characteristic that could not be used as a basis for discrimination, and later civil partnerships.
When it comes to marriage and civil partnerships today, both are protected under the Equality Act 2010 and therefore are important to consider in the workplace. Read our guide to understand what your rights are.
What does the law recognise?
According to the law, strictly the law and not culture, religion or ceremony, marriage and civil partnerships are basically the same. There are some minor differences when it comes to rights, such as property and finance sharing, taxes, etc. however, these are becoming increasingly rare.
When it comes to modern employee rights, protecting women who want to work isn’t the only objective. The Equality Act 2010 covers a lot of different dynamics since the nuclear family is increasingly a minority nowadays. Here in the 21st century, there are a lot of family dynamics which are all protected by the Equality Act, including:
- Traditional marriage
- Civil partnerships
- Cohabiting couples
- Single parents
- Same-sex parents
- Blended families
- Polyamorous families
The Equality Act 2010 protects all of these different dynamics so that no one as a part of these families can be discriminated against without consequences.
This characteristic protected by the Equality Act has, therefore, got a double responsibility of challenging stereotypes that go back centuries. Even though the characteristic of marriage and civil partnerships protects men and women, straight, LGBT, monogamous, polyamorous, single, co-parenting, etc. the original sin, so to speak, is the stereotype that women aren’t made for the workplace and should simply raise the kids. It is a stereotype that is sadly still perpetrated even in a world where that is simply not realistic.
Additionally, non-traditional families that don’t fit into traditional marriage and civil partnerships face a lot of challenges in society, which can manifest as discrimination and even harassment in the workplace. This bleeds into issues such as limited access to services and support and legal recognition issues. To have this in place for the workplace is reassuring, but more reforms in the future is bound to appeal to this world where the family dynamic is constantly changing.
Legal rights and protections of the Equality Act 2010
The Equality Act 2010 makes it illegal to treat someone differently because they are married or a part of one of these family dynamics, which stems from employers assuming that people, particularly women, cannot give all of themselves to the job because they have other familial priorities. The Act ensures that employers cannot discriminate against someone, such as offering fewer hours, less pay, and many other smaller and bigger means of discrimination simply because they are married.
The rights of the employee include not being discriminated against for being married during the recruitment process, promotion or pay consideration, working conditions, or dismissal. It’s also worth mentioning that it prohibits discrimination when it comes to goods, services and public functions. It’s why the case of Lee Vs Ashers Baking Company Ltd (the ‘Gay cake’ case) was so contentious. The homosexual customer was protected under the Equality Act, but so is the rights of the religious, which the bakers were.
Ironically, the Equality Act doesn’t protect against discrimination based on being single. In today’s climate where there is more social pressure to get married and provide society with children, and there are reportedly more single people than ever before and more adults not having children, that seems to be a misstep.
What can managers do to ease this?
It’s important to ensure that the company has clear anti-discrimination policies in place that prohibit discrimination within the recruitment, promotion, and job assignment processes when it comes to marriage and civil partnerships. Managers might also think about fostering an inclusive workplace culture with training and awareness campaigns that promote alternative marital statuses and family dynamics.
But the best way managers can encourage people in these diverse marriage and civil partnerships situations is with flexible working patterns. Hybrid work environments are on the rise and are also helpful in allowing parents to better organise childcare, which is notoriously the biggest obstacle to being a parent, be it the accessibility or the cost.
Finally, you can point your employees to government policies and programs that might help them cope at home, thus easing their time at work and upping productivity. Look at community resources and organisations to help.
Conclusion
Going by the title, it might not seem that protecting married people is relevant today, but it comes from a long history of discrimination and legal moves to try and lessen it, as well as the fact that this discrimination is still alive and well today, simply less talked about than discrimination based on race or sexuality. However, it directly feeds into discrimination based on gender, and it’s important to know your rights as someone who fits the criteria protected by the Equality Act.
