Outcome
Individual claims
Struck out for having no reasonable prospects of success. The claim was based on an allegation that the respondent discriminated because the claimants were not married or in a civil partnership with each other. Marriage/civil partnership discrimination law only protects those who are married or in a civil partnership; it does not protect against discrimination for not being married.
Facts
Two claimants, Mr Hedger and Miss Dimitrova, brought claims against John Lewis plc following their dismissals. They were permitted to amend their claims to add complaints of marriage/civil partnership discrimination, alleging that the respondent's decisions were influenced by the fact that they were not married to each other or in a civil partnership with each other. A preliminary hearing was held on 6 September 2024 which proposed striking out most of their claims.
Decision
The tribunal struck out the marriage/civil partnership discrimination claims on the grounds that they had no reasonable prospects of success whatsoever. The judge found the claims were misconceived because they were based on not being married to each other, whereas the protected characteristic only protects those who are married or in a civil partnership.
Practical note
Marriage and civil partnership discrimination protection under the Equality Act 2010 only extends to those who are married or in a civil partnership, not to those who are discriminated against for not being married.
Legal authorities cited
Case details
- Case number
- 1300344/2024
- Decision date
- 22 April 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- John Lewis Plc
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No