Discrimination in the workplace occurs when a person or group of people are treated less favourably due to protected characteristics.
As an employer, you’re responsible for discrimination in the workplace unless you can provide evidence that you’ve done all you could reasonably do to prevent or stop discrimination.Â
There are multiple types of discrimination in the workplace, including disability discrimination, pregnancy discrimination, and sexual harassment amongst others.
Taking steps to prevent discrimination not only makes people happier and more productive in the workplace but will also reduce the likelihood of employment tribunal claims and damage being caused to your business’ reputation.Â
There are a range of things you can do as an employer to reduce discrimination in the workplace.
Ways to reduce discrimination in the workplace include:
- Having an equality, diversity and inclusion policy in place
- Providing regular anti-discrimination trainingÂ
- Providing ways for staff to connect and be heard
- Evaluating and monitoring any changesÂ
1. Having An Equality, Diversity & Inclusion Policy In Place
Discrimination is less likely to occur in a business that strives for an inclusive and diverse workforce. As such, you should ensure that you have an equality, diversity and inclusion policy in place.
The purpose of an equal opportunities policy is to provide clear guidelines, to your entire organisation, about what constitutes fair treatment and what is considered discrimination, unlawful behaviour, and harassment. Your policy should also address both direct and indirect discrimination and harassment.
If you decide as a business to create a specific equality, diversity and inclusion policy for your business, you should consult with a trade union or other employee representatives as well as an employment solicitor.
At Harding Evans, our experienced employment solicitors can advise you on this and discuss your requirements to ensure clear policies can be drafted.
Get in touch with a member of our team today to learn more.
2. Providing Regular Anti-Discrimination TrainingÂ
If you are committed to doing all that you can to prevent unlawful discrimination in the workplace, you should provide regular anti-discrimination training for both employees and senior members of staff.Â
It should be made clear to all staff that discrimination is not acceptable. This will help to ensure that you foster a fairer and more inclusive work environment.Â
Additionally, providing regular anti-discrimination training will help to reduce businesses being held responsible for an employee’s discriminatory behaviour. This is known as ‘vicarious liability’, and is ‘when you are held partly responsible for the unlawful actions of a third party’. In this case, the behaviour of an employee who has acted unlawfully.
Managers and supervisors have a lot of influence over their teams and how they behave, and should thus be trained to recognise and address discrimination in the workplace to prevent it from happening at all.Â
Actions managers and supervisors can take include:
- Regularly reminding staff that discrimination won’t be tolerated;
- Making sure staff members know where to find relevant company policies;
- Training staff to understand and recognise discrimination;
- Stopping behaviour some may view as banter from getting out of hand and causing offence.
3. Providing Ways For Staff To Connect & Be Heard
As a business, you can create a range of ways for staff to connect and be heard to help reduce discrimination in the workplace.
For instance, you could set up formal groups within the business, such as an LGBTQ+ network or a disability network. These groups can act as a safe space for people to support and share experiences, and in turn, can help to foster a positive working environment.
They can also provide a space for members to raise any concerns that they may have that can be fed back to the business.Â
That said, setting these networks up is not enough without the business providing additional support. Support can come in the form of giving people time to be involved, listening to any concerns raised, and taking the appropriate action to resolve any issues.
4. Evaluating & Monitoring Any ChangesÂ
Lastly, to reduce discrimination in the workplace, it’s important to evaluate and monitor any changes that you make to address these issues.
It is essential to regularly monitor if policies and procedures for preventing discrimination as well as handling complaints are working effectively or need to be changed.
Additionally, you will need to regularly evaluate other steps you’ve taken as a company, however, how you do this will depend on the issues you’ve been trying to address.
For instance, this might include carrying out anonymous surveys and reviewing the data or checking if the complaints about discrimination have decreased since you have implemented these changes.
How We Can HelpÂ
At Harding Evans, we work with employers from a range of sectors to advise them on various discrimination issues.
As well as advising on everyday aspects of discrimination in the workplace, we represent clients both bringing and facing discrimination claims at employment tribunals.
Our expert employment solicitors aim to identify the merits and risks of a case at an early stage, before devising a strategy that safeguards your reputation and achieves your desired goals.
Get in touch with our team today to learn more.