FAQs: Discrimination in the Workplace

What is discrimination in the workplace?

Workplace discrimination refers to the unfair treatment of employees or job applicants because of one or more of a certain number of protected characteristics. The list of protected characteristics includes race, gender, sexual orientation, age, religion, disability and nationality. Examples of discrimination would include treating an individual less favourably or differently in employment decisions, including hiring, promotions, pay, training, flexible working, hybrid or home working, performance management and termination where those decisions are based on these protected characteristics.

Are there laws that protect individuals from workplace discrimination?

The Equality Act 2010 (“EA 2010”) is the primary legislation in the UK that governs protection against discrimination in various areas, including employment. Under the EA 2010, employers are legally obligated to protect employees from discrimination based on their protected characteristics.

What are some examples of workplace discrimination?

The EA 2010 outlines specific types of conduct that are prohibited. These include:

• Direct discrimination: Treating an individual less favourably due to a protected characteristic, such as refusing employment or promotion based on age or race.
• Indirect discrimination: Applying a condition, requirement, or practice that disadvantages an individual with a specific protected characteristic (even though the disadvantage was not the aim of the policy or practice).
• Harassment: Unwanted conduct related to a protected characteristic that violates an individual's dignity or creates an offensive, hostile, or intimidating environment, such as making derogatory remarks based on someone's religion.
• Victimisation: Treating an individual unfairly because they have made a complaint or provided evidence related to a discrimination claim (including a claim made by someone else).
• Failure to make reasonable adjustments: Failing to provide reasonable adjustments to accommodate the needs of disabled individuals, such as adapting workspaces or providing assistive technology.

What should I do if I believe I am experiencing workplace discrimination?

If you believe you are experiencing workplace discrimination, consider taking the following steps:

• Document incidents: Keep a record of specific instances of discrimination, including dates, times, and the individuals who were involved.
• Review company policies: Familiarise yourself with your employer’s policies on discrimination and complaint procedures.
• Report the discrimination: Notify your supervisor or HR department about the discrimination you are facing.
• Seek legal advice: If internal channels fail to address your issues or if the discrimination continues, consider consulting with one of our employment law specialists at Gannons, in order to understand your rights and potential legal remedies.

How can employers prevent workplace discrimination?

Employers can take several steps to prevent workplace discrimination. Here are some of the steps:

• Establish and communicate clear non-discrimination policies: Clearly outline the company's commitment to equal treatment and address the consequences of engaging in discriminatory behaviour.
• Provide all employees with regular diversity and inclusion training: Educate employees about different forms of discrimination, biases, and how to create an inclusive work environment.
• Conduct regular anti-discrimination audits: Review employment practices, policies, and pay structures to identify and rectify any potential discriminatory practices.
• Encourage reporting and address complaints promptly: Create a safe reporting environment where employees feel comfortable reporting any incidents of discrimination, and promptly investigate and address complaints.
• Promote diversity in hiring and advancement: Implement inclusive recruitment practices and ensure equal opportunities for all employees to advance in their careers based on their qualifications and abilities.

What are the consequences of workplace discrimination for employers?

Understanding and complying with the laws which protect employees against discrimination is vital for any employer. Employers who fail to do so may face legal repercussions, including financial penalties, claims from employees, and damage to the company’s reputation. Employees who have been the victim of workplace discrimination may be able to bring claims in the Employment Tribunal even though they do not have the length of service which would normally be necessary to allow for tribunal claims. If employees are successful in demonstrating workplace discrimination in the Employment Tribunal, they are likely to receive significant awards. Statutory caps apply to most claims brought in the Employment Tribunal, but not in cases of discrimination.

Quite apart from the legal concerns, workplace discrimination can lead to decreased employee morale and lower productivity. Fostering an inclusive work environment is crucial for employers to attract and retain a diverse and talented workforce.

How can we help you?

At Gannons, we stay informed and updated with the latest changes in legislation, to ensure your ongoing compliance with the laws of discrimination.