An employee of a solicitors' firm has discovered that they are being paid less than colleagues who have similar qualifications and experience. When the employee raised the issue with their line manager, the manager explained that the reason for the pay difference is that the other employees are married and have additional financial responsibilities, whereas the single employee does not.
Under the Equality Act 2010, would the employee have grounds to file a discrimination claim against the firm?
An employee of a solicitors' firm has discovered that they are being paid less than colleagues who have similar qualifications and experience. When the employee raised the issue with their line manager, the manager explained that the reason for the pay difference is that the other employees are married and have additional financial responsibilities, whereas the single employee does not.
Under the Equality Act 2010, would the employee have grounds to file a discrimination claim against the firm?
Yes, because the firm is directly discriminating against him on the grounds of marriage.
(C) The employee in question might have a potential claim against the firm for direct discrimination based on the protected characteristic of marriage. This is because the firm is treating single employees less favourably than married employees. Direct discrimination happens when one person is treated less favourably than another because of a protected characteristic. It is important to note that direct discrimination on the grounds of marriage/civil partnership cannot be justified.
Option (A) is incorrect because the situation described here is an example of direct discrimination, not indirect discrimination.
Option (B) is incorrect because the Equality Act recognises marriage/civil partnership as a protected characteristic.
Options (D) and (E) are also incorrect because there is no justification for direct discrimination based on marriage. Even if justification were possible, the firm would need to demonstrate that the action taken was a proportionate means of achieving a legitimate aim.