Employers Discrimination

Discrimination legislation protects individuals with “protected characteristics” from being subjected to unfair treatment.

What is a protected characteristic?

Protected characteristics include age, disability, gender reassignment, marriage or civil partnership, race, religion or belief, sex and sexual orientation.

What should I do if my employee says that they are being subject to discrimination?

An employer should fully investigate any complaint raised and should take it seriously. We find that some employers disregard verbal complaints and dismiss them for having no perceived basis. We recommend that all complaints are investigated promptly not only because there could be a genuine reason for the problem but because it could quickly escalate leading to absence, a formal grievance and ultimately a claim at an employment tribunal.

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What should I do to prevent discrimination complaints from arising?

An employer should do everything that they can to avoid discrimination (bullying, harassment and victimisation) from arising in the first place. This can be achieved in a number of ways, for example, providing training to the workforce or having an equal opportunities policy in place which is clearly communicated. The workforce should understand what may amount to discrimination and that it will not be tolerated. An employer has a duty of care to all of its employees and taking proactive steps to prevent discrimination from arising will also help to prevent legal action being taken.

What is an equal opportunities policy?

An equal opportunities policy should clearly outline a number for things, for example, what discrimination is and what should be done when a complaint arises. Employees should have the confidence to be able to raise issues without fear of repercussions and employers should not be allowing any form of unacceptable behaviour to take place.

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Employers Discrimination