Discrimination: Marital and Civil Partnership Status

Key Points

  • The Equality Act 2010 (the "Act") applies to both employers participating in occupational pension schemes and the trustees of such schemes.
  • The Act also inserts an overriding non-discrimination rule into occupational pension schemes if they do not already contain such provision.
  • Under the Act, persons (including trustees of pension schemes) are prevented from directly or indirectly discriminating or victimising someone because the individual is married or a civil partner. Harassment protection does not apply in relation to marital or civil partnership status.
  • Same-sex partners have a right to any dependents’ pensions provided by pension schemes once they enter into a civil partnership or marry.
  • An exemption allows pension schemes to restrict this right to benefits that accrued from 5 December 2005 (i.e. when legislation permitting civil partnerships came into force).
  • The exemption was the subject of a government review published in June 2014. The government is yet to make a final decision on any legislative changes to the exemption.
Current: 
1

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Current:

Login or subscribe (includes subscription information) to access the full content of this page.