Making sense of employment law - workplace discrimination
discrimination in the workplace
It is unlawful to discriminate on the grounds of age, sex, marital status, race, disability, gender, sexual orientation, religion or belief. In 2006 it will also be unlawful to discriminate on the basis of age. 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 drawing up such a policy are the codes of practice from the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission.
how to prevent discrimination in the workplace
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 that their policies are robust it is vital to train managers in the complexities of the law.
Remember, workplace discrimination and employment discrimination are not always intentional. For example, a manager securing an employee’s absence record as part of a redundancy exercise is discriminating against that person if they count time off for illness related to pregnancy as absenteeism. 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
In order 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.
the high price of employment discrimination at work
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 that promote the retention and training of employees make sense.
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 will also help create an attractive work environment and one where teams and individuals perform to their full potential.
want to talk to us?
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 phone 01273 609911.