Making Sense of Employment Law - Workplace Discrimination
It is unlawful to discriminate on the grounds of age, sex, marital status, race, disability, gender, sexual orientation, religion or belief. In addition there are regulations preventing the less favourable treatment of part-time workers and fixed-term employees.
Any employer lacking an up-to-date equal opportunities and diversity policy – or who is not putting these policies into practice – is vulnerable if a claim is made to an Employment Tribunal. A good starting point when writing this policy is the Equality and Human Rights Commission’s code of practice.
How to prevent discrimination at work
Even if an employer has policies to tackle workplace discrimination, harassment, victimisation and bullying, if they are not implemented it is impossible to show they have taken all reasonable steps to avoid employment discrimination in its many forms. For employers to ensure their policies are robust it is vital to train managers in the complexities of workplace discrimination laws.
Remember, workplace discrimination and employment discrimination are not always intentional. For example, a manager scoring an employee’s absence record as part of a redundancy exercise is discriminating against that person if they count as absenteeism time off for illness related to pregnancy. A sex discrimination case could be brought against the company as a result. Motive is irrelevant in all employment discrimination cases.
Promoting equality and diversity in the workplace
To stamp out discrimination at work, equality and diversity should be promoted in the workplace. Equality means creating a fair workplace so every staff member can participate and has scope to fulfil their potential. Diversity means recognising and valuing difference in your working culture and practices. The two are not interchangeable and there is no equality of opportunity if difference is not recognised and valued.
Good practice in equality and diversity provides a source of opportunity and a rich mosaic within the workforce that fuels group dynamics and productivity. It also helps create an attractive work environment where teams and individuals perform to their full potential.
martin searle solicitors is on the steering committee of LEADER, an organisation working to promote equality and diversity among local employers.
Employment discrimination law - the cost of getting it wrong
While the costs of defending a workplace discrimination claim are high both financially and in terms of the personnel time involved, the hidden costs are equally damaging – low employee morale, bad publicity and high staff turnover, for starters. Recruitment is expensive and policies promoting staff retention and training make sense.
As well as offering legal advice for employees and employers on issues to do with workplace discrimination laws, we also offer HR training to help employers identify and prevent disrimination at work.
Want to talk to us about discrimination in the workplace?
If you would like to discuss employment discrimination law or for any other information relating to discrimination in the workplace please email Fiona Martin or call your local martin searle solicitors’ office on 01273 609911 (Brighton) or 0208 256 4490 (Croydon).
