What don't you know about discrimination?

Discrimination laws prevent discrimination on the basis of sex, gender reassignment, being married or in a civil partnership, being pregnant or on maternity leave, race, ethnic or national origin, nationality, colour, disability, sexual orientation, religion or belief and age.

The legislation makes it clear that discrimination is not acceptable in any areas of employment including job advertisements and the recruitment process, terms and conditions of work, conduct during employment and social events at work. They also cover dismissal and any work-related matters arising after employment has ended, such as giving references.

Did you know?

Most employers are aware that they must not treat someone less favourably than they would treat another person in the same or similar circumstances on the grounds of one or more of the above characteristics, for example rejecting an applicant on the grounds of their race because it is considered that they would not fit in. 

Not all employers, however, are aware that discrimination can be associative, for example, rejecting an applicant on the grounds that they would not be able to be flexible due to their responsibilities in looking after a disabled relative. Employers also may not realise the risks of indirect discrimination. Indirect discrimination is where an employer applies an apparently neutral provision, criterion or practice that puts a protected group at a particular disadvantage compared to other groups. For example, a requirement that an employee be six feet tall would disproportionately disadvantage women.

If an employer can show that the provision, criterion or practice was in pursuance of a legitimate aim and was a proportionate response then the employer may be able to defend an otherwise discriminatory act.

Tips to avoid discrimination claims

• Provide staff with employment handbooks and policies on equal opportunities and harassment, setting out what constitutes acceptable behaviour and what does not.
• Provide training on equal opportunities and harassment. This may help managers, for example, to avoid inappropriate questions at interviews, or to recognise and deal with harassment at an early stage.
• Set up clear procedures for staff to raise concerns and complaints, and for dealing with complaints.
• Ensure discriminatory behaviour by staff is not tolerated and is dealt with through proper disciplinary measures.
• Review employment contracts, policies and employee share schemes to ensure they comply with the law.

The New Law

These laws are currently set out in various different statutes but the Equalities Bill which is currently moving through parliament will consolidate these laws and is due to be brought into force in October 2010 — so watch this space….

For more information on this or any other employment related matter, please contact Alan Lewis, Sara Barrett or Helen Atkinson.