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Unfortunately, work discrimination is still a recurring problem that needs to be addressed, and whether you’re an employee or employer, there are still lessons to be learned about what is acceptable & what is not in the workplace. So in this post, we will discuss the discrimination work aspect when you are at work and more.
Understanding the Legal Framework
There are many important things that employers need to know about what legal penalties they could be dealing with regarding work discrimination. So what are they?
Firstly there is an Anti-Discrimination Law such as the Equality Act 2010. This act focuses on the discrimination work aspect and assures that people are legally protected from discrimination in the workplace and in larger society by the Equality Act of 2010.
It strengthened protection in particular circumstances and made the legislation more easily understandable by consolidating earlier anti-discrimination statutes into a single Act. It outlines the various ways that treating someone is prohibited.
They cover these ways you can experience work discrimination
- age
- gender reassignment
- being married or in a civil partnership
- being pregnant or on maternity leave
- disability
- race including colour, nationality, ethnic or national origin
- religion or belief
- sex
- sexual orientation
You’re protected from discrimination:
- at work
- in Education
- as a consumer
- when using public services
- when buying or renting a property
- as a member or guest of a private club or association
If you’re an employee or employer, you need to be aware of these different elements of the Equality Act 2010, just in case you are in danger of breaking them, or you have been discriminated against, by one of these.
The Real Cost of Work Discrimination
When running a business, especially a profitable one, you must understand, as an employer, that there are tangible and intangible costs of work discrimination for employers, such as decreased productivity, employee turnover, and damage to a company’s reputation.
It could also explore the effects on employees, such as decreased job satisfaction and mental health issues.
This is very true when we take into account job-review sites, which allow past employees to leave reviews about their experience working in a corporation or company. With negative reviews from experiences, the chance of high-class employees joining you might start to decrease.
Recognizing and Addressing Unconscious Bias in the Workplace
The role of unconscious bias in work discrimination is something that you need to consider, and what employers can do to mitigate its impact is a very important thing to understand.
It could include strategies for identifying and addressing unconscious bias during recruitment, promotion, and performance evaluations.
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For example, hiring or not hiring someone based on their name, or only promoting an employee because you’ve built a good relationship with them and get along with them, or not promoting someone because of their race, sex, age, etc.
These are all important discrimination work aspects that should be explored and well known if you’re an employer.
Creating an Inclusive Workplace
Creating an inclusive workplace is an important part of running a successful business.
Any employer in the United Kingdom should strive to create an inclusive workplace since it fosters belonging, equity, and diversity in the workplace. An employer can establish an inclusive workplace in the following ways:
- Firstly, companies should create policies and processes that support inclusivity, such as a diversity and inclusion policy, an equal opportunity policy, and an anti-discrimination policy. All staff members should be informed of these rules, and they should be upheld consistently.
- Offer diversity and inclusion training (if necessary): Companies should educate all workers on these topics. This instruction ought to centre on subjects like unconscious bias, cultural sensitivity, and how to encourage diversity in the workplace.
- Promote teamwork, collaboration, and open communication to build an inclusive workplace environment. Companies should do this. They ought to promote employee dialogue and foster an atmosphere of mutual respect among all staff members.
- Provide an accessible work environment: Companies must make sure that all employees, including those with disabilities, can enter their workplace. This can entail modifying the physical layout of the office or offering assistive technologies.
- Provide flexible work schedules: To take into account employees’ various requirements and obligations outside of work, employers should provide flexible work schedules, such as part-time or remote work.
- And finally, we have employee support: Companies should offer assistance to workers who might be subjected to harassment or discrimination. This could entail offering private support services or designating a diversity and inclusion officer to offer guidance and support.
By implementing these strategies, employers can create a more inclusive workplace in the United Kingdom, which benefits both employees and the organization as a whole.
Supporting employees who have experienced work discrimination
Several employees in the UK are impacted by the serious issue of workplace discrimination. Discrimination, whether it is based on gender, ethnicity, age, handicap, a person’s religion, or sexual orientation, can have a negative effect on an employee’s emotional and physical health as well as their productivity and career advancement.
In order to support workers who have faced prejudice, employers must establish a secure and welcoming workplace.
Recent cases of work discrimination
A recent case of discrimination at work involved a 66-year-old man, see below.
In the recent case of Mr. D. Finch v. Clegg Gifford & Co., a 66-year-old employee of an insurance company was informed that he had worked there “as long as Pontius Pilate” and encouraged to take his annual leave “now” in case he wasn’t still working there later in the year.
The tribunal concluded that by referring to the claimant in the singular rather than as a group, it implied that even if he was protecting himself from Covid-19, he would eventually catch the virus and perish from it.
The panel determined that the claimant had been victimised and subjected to harassment because of his age and determined that his decision to quit his post and file a claim for constructive unfair dismissal was appropriate.
Another example involved a finance director aged 55, see below:
The employment tribunal in McCabe v. Selazar determined that Mrs. McCabe, a 55-year-old financial director, had been subjected to age discrimination when her employer fired her.
The panel felt that the CEO’s comment of “cool down… don’t let the hormones get out of hand” was proof that he saw McCabe as “a menopausal lady – that is, an older woman”.
This, along with proof that the CEO thought older people weren’t familiar with IT, and that the respondent had asked a recruiter to look for a candidate who was more in tune with a young tech start-up company, led to the conclusion that at least some of the reason the claimant’s dismissal was due to her age.
Looking for legal advice regarding work discrimination?
If you honestly believe that you have been a victim of work discrimination then you should really consider legal advice from experienced professionals.
If you really have been a victim of work discrimination then making sure you are able to build a sound and worthwhile case against your employer is something that should only be handled by the best group of people who can do the job properly. This is why Lawdit is your best bet for handling the discrimination work aspect.
And what’s more, you can book a free consultation with Lawdit today to ascertain what is the best course of action if you truly believe that you have been discriminated against at work. Lawdit with provide a helpful service which will give you the best support you need.
So, without a doubt, make sure that you book a free consultation with us now: Lawdit Free Consultation. And of course, if you have any further questions about our practises or Lawdit in general, you can email us using: info@lawdit.co.uk
References:
- Discrimination: your rights (GOV.UK)
- Equality Act 2010 (Legislation.GOV.UK)
- Equality Act 2010: guidance (GOV.UK)
- Pregnant employees’ rights (GOV.UK)
- Definition of disability under the Equality Act 2010 (GOV.UK)
- United Kingdom (Wikipedia)
- Mr D Finch v Clegg Gifford & Co (Assets.Publishing.Service.GOV.UK)
- McCabe v. Selazar (GOV.UK)
- Unconscious Bias (RoyalSociety.ORG)
Written By Michael Coyle – Co-Founder & Solicitor Advocate
Michael is Lawdit’s Principal and heads our Commercial and Intellectual Property Department. As a Solicitor Advocate, he is one of a select group of legal experts qualified to represent clients as an advocate in the Higher Courts in England and Wales.
He holds a Master of Laws degree (LL.M) from Nottingham Trent University and is a guest lecturer at Southampton Solent University. He has also completed a teaching stint at the Academy of Music in Guildford where Michael taught copyright law.
