Being treated unfairly in the workplace because of a protected characteristic is not only unacceptable it is illegal. Employers need to take steps to prevent any bias, less favourable treatment, harassment or victimisation based on these characteristics not only to avoid a discrimination claim but to protect the health and wellbeing of their employees and avoid potential damage to their brand.
The Equality Act 2010 sets out various types of unlawful discrimination where treatment is based on one of the above characteristics. It is important to understand the different types of discrimination and to take steps to prevent such behaviour within your organisation.
If you receive a complaint from an employee about discrimination, it is important that it is investigated and handled swiftly and sensitively. Having specific anti-harassment and bullying, equalities and grievance procedures can all assist with this.
There are three main types of discrimination:
Employers also need to be aware that employees are protected from victimisation – less favourable treatment because they have made a complaint about their rights under the Equality Act.
It is in the best interest of the employer and employee to resolve any concerns raised about discrimination as quickly and appropriately as possible and early legal advice can be useful for guidance on a thorough investigation and objective decision making process. Mediation and other options should also be considered.
Usually the first stage is the employee raising a formal grievance, however, employers must recognise inappropriate conduct in their workplace and take action, even if the employee does not make a formal complaint.
If the situation escalates or immediately results in a claim, the employer may have an opportunity to resolve through the ACAS conciliation process.
If a discrimination claim proceeds to the Employment Tribunal there is no cap on the amount of compensation that the tribunal can award.
Having an engaged and happy workforce is now well recognised as a strong way to improve overall business performance. Ensuring fairness is key to this and setting clear standards and forming a code of practice will help to make it clear to employees that discriminatory behaviour is unacceptable. It is also important to include equality objectives as part of overall business strategy and ensure leadership from the top down. Having regular training and encouraging discussion should also help raise awareness and create an inclusive and happier workplace.
If an employee is disadvantaged in the workplace due to disability, the employer has a duty to make reasonable adjustments to help alleviate the disadvantage and keep them in the workplace. For example, a reasonable adjustment could be to provide easier access for an employee with mobility concerns. Occasionally the request for an adjustment may be disproportionate or extremely difficult to implement and it may then be reasonable to refuse, but this is a complex area and we would recommend seeking advice before making such a decision. You can click here for more guidance on this area.
It is also imperative for an employer to understand that discrimination can occur even at the recruitment stage and not just after someone is employed. Therefore it is important to be careful with job specifications and adverts. If you have particular criteria for a new position and are concerned that this could be discriminatory please speak to a solicitor.
If you are concerned about a discrimination claim being brought against you or have had an employee raise one already, contact one of our employment team below.