What Is Discrimination and Harassment in the Workplace and How Do You Stop It?
Creating a positive and inclusive workplace is essential for any successful organisation. The Equality Act 2010 set a clear standard by making discrimination illegal, but knowing how to navigate and uphold these standards is key to fostering a supportive work environment.
In this blog, we’ll define various forms of discrimination and harassment and share practical strategies for employers to promote fairness and how to handle any concerns that arise. We’re here to ensure that you handle workplace discrimination in the appropriate ways. Read on to find out more…
What is discrimination in the workplace?
Discrimination is against the law and it involves treating someone less favourably because of their ‘protected characteristics’. The Equality Act 2010 names these characteristics as:
- Age
- Sex
- Disability
- Gender reassignment
- Race
- Religion or belief
- Sexual orientation
- Marriage and civil partnership
- Pregnancy and maternity
Types of discrimination
- Direct discrimination – Less favourable treatment directly because of a protected characteristic. For example, a candidate for a job meets all the requirements but you don’t hire them because you think they’ll be pregnant soon.
- Indirect discrimination – Everyone is treated the same but people with protected characteristics are disadvantaged in the situation.
- Harassment – Unwanted or offensive behaviour.
- Victimisation – When somebody is treated less favourably because they tried to make a complaint about previous discrimination.
More examples of discrimination in the workplace:
- Not hiring someone because of their characteristics
- Paying a worker less than another without good reason
- Denying opportunities from someone on purpose
- Failure to provide assistance for employees with disabilities
Harassment can also include behaviours such as:
- Telling jokes of a sexual nature
- Making comments you find offensive
- Making rude jokes or gestures towards you
- Verbal abuse related to a protected characteristic
Discriminating against your employers on the grounds listed above means they can file a complaint against you, or even take their case to court. This is why discrimination violations need to be handled seriously and professionally. Here’s what can be done:
How can discrimination be prevented by employers?
Outline your anti-discrimination policy
Make it clear where your organisation stands on discrimination with an equal opportunities policy. By laying out guidelines that you expect staff to follow, you’ll be able to hold individuals accountable if they stray from what’s expected of them. Ensure that the policy aligns with the Equality Act and that it is inclusive of all protected characteristics.
Additionally, this will demonstrate that you are an employer who cares for their employees’ welfare and wants to ensure that they are all treated fairly.
Teach respect
Although this should be a given, encourage your staff to respect one another and their differences. Making respect an element of the company’s core values will emphasise the importance of this. Diversity and inclusion should be promoted in the workplace!
Deal with complaints effectively
It’s key to deal with complaints quickly and confidentially. Ensuring staff know the complaints procedure inside out makes all the difference, meaning a seamless process of investigating can be run. Staff must feel heard and respected throughout this.
Give training to staff
A large part of preventing discrimination is spotting it before it becomes a consistent issue. By training staff to recognise cases of discrimination and how to respond to them, you can cultivate a positive work environment that is protective and mindful of others.
Enforce
Allow HR to effectively deal with complaints and give disciplinary orders to those who discriminate against or harass other employees. Your staff can then feel confident in the validity of your policies.
How to deal with discrimination in the workplace
Seeking advice and support from helplines is a constructive way to get through the difficulties of facing discrimination and harassment in the UK. The NHS provides helpful advice, and Acas has a helpline for anyone who needs workplace advice regarding any problem. The Equality, Advisory and Support Service provides similar assistance.
Employees should initially consult their employer to try to resolve the issue informally. This may involve face-to-face meetings and disciplinary action. Open communication at this stage can often lead to a mutually agreeable solution without escalating the matter further.
Alternatively, if it cannot be sorted this way, you may be able to take the complaint to an employment tribunal. You can also get legal aid if you intend to take your case to court. To do this, make a formal complaint to HR – from here, your case will be investigated and the appropriate action will be taken.
Professional Services at Trusted HR
If your business needs help with an HR issue, problem or project, our team of professional HR consultants can help. Whether it’s workplace bullying, disability discrimination, or racial discrimination, we’re here to ensure that employees are not treated unfairly.
If you need short, medium or long-term support, our service is the perfect solution. We provide valuable, professional consultancy to a range of organisations across the UK.
We can help with:
- Managing Conduct
- Management and Leadership Development
Request a consultation to learn more about how our consultancy service can help your organisation succeed. Trusted HR offers a free, 45-minute, no-obligation consultation on any HR issue to help you get started.
