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Employment Law for Employers

Discrimination for Employers

As an employer, it is crucial to foster an inclusive and diverse workplace, free from discrimination. Understanding the various forms of discrimination and taking proactive measures to prevent and address them is essential for maintaining a positive work environment and complying with the law.

It is all too easy to fall foul of rights held by employees not to be discriminated against. Our Employment Law Solicitors can help you avoid making mistakes in this area and unwittingly discriminating against people with such rights.

Protected Characteristics under the Equality Act 2010

There are nine protected characteristics under the Equality Act 2010, which is the legislation designed to protect employees against discrimination in the workplace and even during the recruitment process.  All employers should be vigilant in relation to discrimination based on the characteristics, which include:

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race
  • Religion and belief
  • Sex (gender)
  • Sexual orientation

There are several ways that an employee or candidate could be directly or indirectly discriminated against, including:

  • Direct discrimination - Direct discrimination occurs when an employee is treated less favourably due to one of the protected characteristics listed above. 
  • Indirect discrimination - Indirect discrimination happens when an appropriately neutral policy or practice affects employees with a particular protected characteristic. 
  • Harassment - This involves unwanted conduct related to a protected characteristic that creates an offensive or hostile environment. You must have clear anti-harassment policies in place, provide training, and promptly address any complaints to foster a respectful workplace culture.
  • Victimisation - You should be aware of victimisation, where employees face retaliation for asserting their rights under discrimination legislation. Creating a supportive environment for reporting grievances is crucial, and you must not tolerate victimisation against those who speak up.
  • Vicarious liability - You have a responsibility to prevent and address not only direct acts of discrimination but also instances where individuals within the organisation facilitate discriminatory behaviour. 

Preventing Discrimination at Work

There are several steps that you can consider as an employer to help eliminate cases of discrimination in your business and reduce the risk of Employment Tribunal claims against you:

  • Establish clear policies - Develop and communicate comprehensive anti-discrimination policies. Ensure all employees are aware of their rights and responsibilities, and provide regular training to foster a culture of inclusion. These policies should involve options such as making reasonable adjustments for employees.
  • Regularly review your current policies - You should carry out a regular review of your current policies, contracts and terms and conditions to ensure there are no forms of discrimination present and they are legally up-to-date and compliant.
  • Deliver training - To work alongside your policies, ensure there is access to regular anti-discrimination training for managers and employees to understand how incidences can arise, whether intentionally or not.
  • Implement an effective way for your employees to report discrimination - Establish a confidential and accessible reporting system for employees to raise concerns about discrimination. Encourage open communication and assure employees that their complaints will be treated seriously and confidentially.
  • Carry out prompt and fair investigations - When a complaint is received, you should conduct a thorough and impartial investigation. Address the issue promptly, taking appropriate action against any proven instances of discrimination. Document the investigation process for transparency and accountability.
  • Have access to support for your employees - Offer support to all involved parties during the investigation process. Ensure employees feel safe and confident in reporting discrimination, and emphasise a commitment to a fair and respectful workplace for all.

Preventing and addressing discrimination at work is not just a legal obligation; it is fundamental to creating a healthy and thriving workplace. By proactively managing cases of discrimination and implementing preventive measures, employers can cultivate an inclusive environment that benefits everyone.

Should an employee bring an accusation of discrimination to your attention, or they have contacted Acas to begin the Early Conciliation process, we are here to offer our advice on how to navigate the next steps.  

Contact our Discrimination at Work Solicitors

If you have questions about how to avoid discriminating in the workplace, or an employee has raised an Employment Tribunal claim against you, contact one of our offices today in Andover, Romsey, Salisbury, Totton or Witney.  You can use the Contact Form, email info@parkerbullen.com or call one of the phone numbers below: