Discrimination Issues

The Issue

It is not just "bad" employers who run into trouble with discrimination. Even the best-intentioned employers can get it wrong without realising it. Did you know that insisting on job applicants having GCSE English and Maths can be considered racial discrimination against foreign nationals? Did you know that you would have to prove to the Employment Tribunal that you did not discriminate against a dismissed employee if they were to bring a claim? How do you prove a negative?

Discrimination legislation now covers sex, race, disability, age, religious belief, sexual orientation, gender reassignment, part-time and fixed-term working. In some cases employers need to take positive steps in order to comply with this legislation rather than trying to comply on a passive basis. Do you know if you are getting this right?

However, dealing with poor performance or misconduct can be very stressful and time-consuming for managers. It is very easy to get it wrong resulting in potential constructive dismissal claims or staff morale problems.

The Solution

Put in place and uphold a workable equal opportunities policy. Audit your procedures to see if they contain any potential discrimination. Deal swiftly with any complaints related to discrimination.

Further Help

See our case studies for an example of an employer inadvertently discriminating against an older worker through a failure to follow a statutory procedure relating to retirement. To find out more about what steps you need to take to avoid claims of discrimination contact us.