Harper James advises businesses operating under the laws of England and Wales on preventing and responding to workplace discrimination. Employers should treat discrimination risk as both a legal and management issue, covering recruitment, pay, promotion, performance management, working arrangements and dismissal.
The Equality Act 2010 protects people from discrimination relating to nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Direct discrimination occurs when a person receives less favourable treatment because of a protected characteristic. Indirect discrimination arises when a workplace rule or practice disadvantages people sharing a protected characteristic, unless the employer can objectively justify it.
The Act also covers harassment and victimisation. Harassment includes unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Victimisation concerns detrimental treatment because someone raised a discrimination concern or supported another person’s complaint. Employers must also make reasonable adjustments for disabled workers, such as changes to working arrangements, equipment or premises.
Employers should maintain clear equality, dignity at work, grievance and disciplinary policies, supported by regular manager training. Recruitment criteria, interview questions, promotion decisions and redundancy selection should be based on documented, objective factors. Pay reviews and performance assessments should be recorded consistently, with unusual disparities investigated rather than explained through assumptions.
A practical audit should examine employment contracts, staff handbooks, flexible working practices, absence management, bonus arrangements and workplace communications. Data protection rules apply when handling information about complaints, health conditions or monitoring exercises, so access should be limited and records retained for a defined purpose.
The employer should acknowledge the complaint promptly, identify the issues being alleged and appoint an impartial investigator. The investigation should preserve relevant documents, interview the complainant and witnesses, and give the person accused a fair opportunity to respond. Any interim step, such as changing reporting lines, should avoid treating the complainant as the problem.
The outcome should address each allegation, explain the evidence relied on and identify any action required. Disciplinary action must follow the employer’s procedure and the principles of fairness. The employer should also consider an appeal, protection from retaliation and follow-up checks. Poor investigation, inconsistent sanctions or inadequate records can increase the risk of an Employment Tribunal claim, including claims for compensation, injury to feelings and, in appropriate cases, aggravated damages.