Workplace discrimination is an issue that every business owner should be aware of. In fact, by law, it is an employer’s duty to identify and prevent discrimination in the workplace.

Complying with UK discrimination laws and knowing how to follow them can not only help foster an inclusive and productive work environment, but also protect your business’s reputation from costly employment tribunals.

At Hay & Kilner, we have over 70 years of experience helping businesses navigate their responsibilities under employee discrimination laws. Our team of employment law solicitors in Newcastle are here to support you with our law services for businesses.

What is workplace discrimination?

Under the Equality Act of 2010 (a workplace discrimination law), ‘workplace discrimination’ is defined as any situation where employees are treated unfairly or disadvantaged because of their protected characteristics.

There are nine protected characteristics. These are the characteristics protected under the Equality Act, which means an employee cannot be discriminated against for the following:

• Age
• Disability
• Gender reassignment
• Marriage/civil partnership
• Pregnancy/maternity
• Race
• Religion/belief
• Sex
• Sexual orientation

What key legal duties must employers uphold to prevent discrimination in the workplace?

Employers are legally required to abide by the Equality Act of 2010 to prevent the discrimination, harassment, and victimisation of employees while at work. There are obligations that employers must meet to ensure this.

Recruitment

Employers must:

• Post fair job advertisements that avoid exclusive language.
• Use clear, job-focused criteria for recruitment shortlisting and interviewing.
• Interview non-discriminately and only ask questions relevant to the job role.
• Use positive action where appropriate to help disadvantaged or underrepresented groups without discriminating against other employees.

Career development

Employers must:

• Provide fair and equal access to all employees for training, promotion, and career advancement opportunities.
• Use transparent criteria for promotions, ensuring that promotions are based on merit alone.
• Review their promotion processes to ensure there is no underlying bias or discrimination.

Policies

Employers must:

• Implement policies that promote equality and resist discrimination, harassment, or victimisation.
• Provide sufficient training for all staff about equality, diversity, and inclusion.
• Have a grievance and disciplinary procedure in place so employees can report workplace discrimination without judgement.
• Review their workplace policies to ensure they are up to date and thoughtful

Reasonable adjustments

Employers must:

Make reasonable adjustments where possible to reduce the disadvantages experienced by disabled employees (including those with mental health struggles).

Some examples of reasonable adjustments include:

• Offering flexible working arrangements
• Providing additional support and training
• Adjusting the workspace and/or equipment
• Adapting the recruitment process

What happens if an employer fails to address workplace discrimination?

If an employee is found to be in breach of discrimination workplace laws like the Equality Act of 2010, intentionally or otherwise, they may be at risk of employment tribunal claims, fines, compensation payouts, reputational damage, and legal fees.

By creating a toxic working environment, employers may also face high employee turnover, reduced productivity, and difficulty hiring new employees.

To prevent these outcomes, we offer businesses cost-effective employment law and HR packages. Our team will proactively identify and resolve your workplace discrimination risks and handle any disputes for you with confidence.

Learn more about HR Key to comply with laws for discrimination in the workplace.

How to create a discrimination-free workplace

While it’s integral to comply with UK discrimination laws to avoid legal troubles, it’s also essential to create a discrimination-free workplace for the benefit of your employees. When you make your employees feel valued and respected regardless of their protected characteristics, you can foster a positive workplace environment.

To encourage this, employers can:

1. Provide legally sound, well-structured workplace policies

Having anti-discrimination, equality, and harassment policies is a way to communicate to employees where your business stands on the issue of workplace discrimination. These policies should clearly state what counts as unacceptable behaviour, the rights of employees, the consequences of any breach of this policy, and how employees can report workplace discrimination.

This can discourage workplace discrimination by establishing clear expectations for employees from the outset, and also shows employees with protected characteristics that they are valued and protected under your employment.

2. Offer anti-discrimination training

Education is one of the most effective ways to reduce workplace discrimination cases. Anti-discrimination training in the workplace can help address unconscious bias and equip staff with the skills needed to identify and intervene in a case of workplace discrimination.

Training courses and workshops should be offered to both employees and management, empowering them to identify, manage, and resolve discriminatory issues.

3. Have reporting procedures in place

In the workplace, employees must have a confidential way to report any case of workplace discrimination.

This can encourage early intervention from management, allowing support to be offered to the victim as soon as possible. Your workplace discrimination reporting procedure must be easily accessible to all employees, enabling them to raise concerns or issues in a safe and confidential environment.

Trust Hay & Kilner for ongoing compliance and legal support

We’ve helped many businesses in Newcastle and across the North East develop strong, inclusive, and legally-compliant strategies and policies to prevent workplace discrimination.

You can trust our employment law solicitors to help you create an inclusive workplace, reducing the risk of workplace discrimination claims and tribunals down the line.

To learn more about our employment law and HR services, don’t hesitate to get in touch with our team today. We will be more than happy to assist you.