Discrimination in the Workplace - An Employers' Guide

bannerjones solicitors Discrimination Fact Sheet For Employers The recently enacted Equality Act 2010 now covers discrimination of employees. As well as undermining employee's motivation and morale, illegal discrimination can lead to employee grievances. If a discriminat ion claim is made by an employee to an employment tribunal, it may result in damages, bad publicity for the company and a distraction for all involved. What is classified as Illegal discrimination? Racial and Sexual discrimination has long been Discrimination concerning an employees religious or covered under discrimination law. These include philosophical beliefs is also illegal under statute and discrimination on the grounds of the protected also including discrimination against those characteristics under the Employment Rights Act undergoing gender reassignment. 1996. More recently, age discrimination and disabled people both in terms of employment and as customers have fallen under discrimination law. Are there exceptions to the discrimination law? Discrimination allows for very few exceptions to the law, however, to promote lowly-represented groups into the workforce or where there is a genuine occupational qualification to a role, advice should be sought from an employment lawyer to avoid potential claims for illegal dismissal. Types of discrimination When you discriminate against someone because tall (more likely to increase the numbers of male of who they are, that is direct discrimination, applicants). for example if you decide not to hire an employee based on ethnicity. Employers can be held responsible for their own employee's discrimination. Therefore the importance of raising awareness Indirect discrimination must also be avoided, which of illegal involves applying unnecessary conditions that are discrimination is imperative especially when concerning racist remarks or sexist jokes. most likely to discriminate, for example demanding that all job applicants must be a minimum of six feet How employers should deal with discrimination At every stage of recruitment discrimination can A code of practice should be publicised occur: training selection or financial promotion, within the workplace, making discrimination applying disciplinary procedures, dismissals and a clear disciplinary offence and that it is redundancy. Employers need to ensure that their unacceptable in the workplace. If required, procedures and policies are objective as opposed to senior staff should undertake training to subjective and that they focus solely on job require- lead by example to all employees. At all times the ments and performance of employees. The Equality companies grievance procedure should be followed Act requires employers make closely and any alleged counts of racism should be to any reasonable adjustments to enable disabled investigated thoroughly and not disregarded. employees to work. Providing suitable equipment or changing work policies would be a good example. Why Choose Banner Jones? 96% 135 LEGAL 500 YEARS **** Insurance 96% of our clients would Ranked in the Legal 500 Variety of specialist lawyers Over 135 We do backed years of experience 5 Regional offices workplace mediation employment scheme recommend us to a friend Don't hesitate to get in touch with one of our expert employment law solicitors for specialist advice: Phone: 0333 200 2300 Web: www.bannerjones.co.uk Join our Social Networks bannerjones in You Tube 8*