When we speak to employers about potential risks linked to protected characteristics listed in the Equality Act 2010 it is usually about disabilities or maternity. Every now and then it may be linked to race or sexual orientation.
We have yet to come across discrimination based on marital status and we are not alone – however, the first ever ruling by the Employment Tribunal on Direct Marital Status Discrimination has just been published and the claimant was successful.
The employer was also found guilty of victimisation.
In 2017, Graham Ellis, Managing Director of Advanced Fire Solutions dismissed Kirsty Bacon due to an alleged IT security breach for which there was no evidence. Ms Bacon lodged a grievance during the disciplinary process as she believed she was being accused and treated unfairly because her marriage had broken down and Mr Ellis was siding with her husband who was also an employee of the company.
She also appealed against the dismissal but neither the grievance not the appeal were upheld.
The tribunal found that she was “subjected to less favourable treatment on the grounds of her marital status and Mr Ellis simply has no other explanation for that treatment other than he was siding with Mr Bacon” and that Mr Ellis carried out “vindictive [actions] because of the underlying dispute between Mr and Mrs Bacon of which no doubt Mr Bacon was pulling Mr Ellis’ strings in the process”.
Whilst there has been no ruling on any award yet (and this is complicated due to the company having been put into administration), it is worth remembering that discrimination awards are uncapped and that there can be personal liability as Mr Ellis had to find out. He believed the tribunal would stay the claims due to the administration proceedings but the judge explained that the claims against him would be ruled on regardless.