Discrimination is when anyone with a protected characteristic is treated differently from someone without. Discrimination in the workplace is a serious issue that can harm employees, their families, and the companies they work for. While discrimination can take many forms, it is often based on race, ethnicity, gender, or religion.
There are various ways to combat workplace discrimination, including education and training, developing policies and procedures to prevent and address discrimination, and encouraging employees to report any incidents of discrimination.
Education and training are critical to combating discrimination in the workplace. Employees should be made aware of what constitutes discrimination and why it is unacceptable. Companies should also provide training on identifying and reporting discrimination instances.
Protected characteristics are explained in the Equality Act 2010 and refer to a set of personal characteristics that are protected from discrimination under UK law.
Protected characteristics include:
- Sexual orientation
- Gender/gender reassignment
- Age
- Race
- Religion
- Disability
- Pregnancy and maternity
- Marriage/civil partnership status
- Sex
You can still be guarded against discrimination without a protected characteristic; the legislation also applies to you if you have a family member or friend who does. Your workplace should always take steps to protect you from discrimination; you have a legal right to this.
You can read more about protected characteristics and who they apply to here.
Discrimination can manifest in any of the following forms:
Direct discrimination
This is when you treat someone with a protected characteristic less favourably than others without one. For example, if you refuse to promote a woman because she is pregnant, this would be direct discrimination. Direct discrimination occurs because of who you are.
Indirect discrimination
Indirect discrimination is when a policy applies to everyone in the same way but impacts those with a particular protected characteristic disproportionately.
For example, an organisation could enforce a strict dress code that applies to everybody and this could be classed as indirect discrimination if it prevents someone from wearing their hair or clothing in a way that is important to their race or religion.
Harassment
This is when someone faces unwanted conduct that seeks to violate their dignity or create an intimidating, hostile, or offensive environment. For example, if you comment on a colleague's religion and they find it offensive, this could be harassment.
Victimisation
This is when someone suffers a detriment because they have made or supported a complaint, or others believe they have. An example of victimisation is if you weren't considered for a promotion because you testified against your company in a discrimination case.
Discrimination can also take place when someone is treated less positively because of their association with someone with a protected characteristic. For example, if you refuse to serve a customer because a person with a disability is with them, this would be discrimination by association.
- There have been more tribunal cases than usual
- Complaints have been made to HR or management
- People are leaving the organisation
- There is a feeling of unrest or 'us and them' in the workplace
- There are negative comments about particular groups of people
- Access to certain opportunities or resources is unequal
You need to make an effort to create an environment in which your employees can approach you with any issue - whether it is happening to them or someone else and whether it is done anonymously or not. Creating this sort of environment can be difficult as employees will react to it differently. Still, it is necessary for several different reasons.
Here are some other things you can do to ensure you are challenging discrimination in the workplace:
- Providing training for managers and staff on equality and diversity issues so they understand discrimination and how to avoid it.
- Encouraging employees to come forward if they feel they have been discriminated against, and ensuring they feel confident that you will take their complaint seriously.
- Investigating complaints of discrimination quickly and fairly and taking appropriate action if discrimination is found to have occurred.
- Reviewing your policies and procedures regularly to ensure they comply with the Equality Act 2010 and reflect your commitment to equality and diversity in the workplace.
Unfortunately, no matter how many policies and procedures you put in place for your workforce - there is always a possibility of discrimination. You must ensure you're supporting the appropriate people if it does occur.
If you're finding that there are rumours about discrimination but no reports - this could be because employees do not feel comfortable addressing it. They may think they would be unsupported or that it is not "serious" enough to report. To combat this, you should take steps where you can to make your employees feel supported and that they can come to you with any issues. Alternatively, if this does not work, you could create an anonymous reporting system in which they don't have to feel uncomfortable or under pressure - and the issue can still be addressed.
Here are some extra resources regarding unreported discrimination incidents:
You should protect your employees - because it's the right thing to do. Everyone deserves to feel safe and supported in their place of work. No one should worry about being mistreated because of who they are. As an employer, you must support your employees; you want them to be happy and satisfied with the company they work for.
Not only is it the correct thing to do, but taking these steps can protect your business from legal action. If an employee feels that they have been discriminated against and you have not done anything to address it, they could take you to an employment tribunal. This could be costly for your business and damage your reputation.
So, if you want to avoid all of this - make sure you're doing everything you can to challenge discrimination in the workplace. It's not always easy, but it's definitely worth it.
There's been a significant increase in employees working from home since the pandemic. This can make it harder to detect if discrimination occurs, but employers should still encourage employees to report any incidents. You can do this by:
- Providing an anonymous reporting mechanism, such as an online form or dedicated email address, for employees to report discrimination without fear of reprisal.
- Checking in regularly with employees to see how they are and if they have any concerns about discrimination or other issues in the workplace.
- Offering support and guidance to employees who have experienced discrimination, such as signposting them to specialist organisations that can provide advice and counselling.
Discrimination in the workplace is a serious issue that can negatively impact employees and businesses alike. As an employer, it's your responsibility to take steps to prevent discrimination from happening and to support employees who have been affected by it. This includes creating policies and procedures that comply with the Equality Act 2010, providing an anonymous reporting mechanism for employees, and offering support and guidance to those who have experienced discrimination. By doing so, you can create a fairer workplace for everyone and protect your business from legal action.
