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Please can you provide details of the new policy? Also, please can you tell me how long you have been employed in this position and what you are ideally hoping for, given the situation? Thank you
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Many thanks for your patience. Your rights would very much depend on your length of service as that is what provides you with certain protection against dismissal or being forced to leave. This is relevant here because if you have your contract terminated as a result of this it would be a potentially challengeable dismissal and if you are pushed out and have to resign it would be a potential constructive dismissal case. The issue is that to be able to claim for either of these you require 2 years’ continuous service as an employee. Your time as volunteer is not employment and would not count so technically you would currently have less than 2 years’ service and not be protected against unfair or constructive dismissal.
Saying that there is a potential that such a policy can be discriminatory on grounds of marriage. So if you are being treated less favourable because you are married that can amount to marriage discrimination and the 2 year rule does not apply. This would be indirect discrimination because the employer would apply a rule which places you at a disadvantage because you are married, but they could try and justify it if there was objective justification for their actions, such as if they were trying to prevent any favouritism, etc. They would have to show this was the case but if needed you could try can challenge it on these grounds.
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