Employers should ensure that they treat all employees
equally regardless of race, sex or disability. Be aware
that age will also be included in discrimination laws
from 2006.
What constitutes 'discrimination'?
In general terms, "discrimination" means
treating someone less favourably because of their sex,
racial or ethnic origin, or because of a disability*.
* Note: 'disability' has a wider meaning than might
be expected. It means a long term mental or physical
impairment, which has a substantial effect on someone's
day -to - day activities, not just on their ability
to do a particular job.
Employers' Responsibility
It is vitally important that all employees, particularly
those at managerial or supervisory level are aware of
the importance of treating all staff equally. Employers
can be "vicariously" liable for the actions
of supervisors and managers, if it can be shown that
the employer failed to take appropriate action in cases
of discrimination. (In other words, the employer can
"carry the can" for the actions of individual
employees)
Prevent Discrimination
Generally, an individual act of discrimination by an
employee against a fellow employee is likely to be followed
by disciplinary action and in extreme cases dismissal
may be justified.
It is important that the employer can demonstrate that
policies are in place to prevent discrimination and
that the policies have been:
In the case of new recruits, this can form part of
the induction process. For existing employees, policies
can be drawn to the attention of the employees, by "training
sessions", with proper records of such sessions
being kept.
Equal opportunities policies will
-
communicate to the workforce what will happen in
the case of an employee who is guilty of discrimination
-
provide a mechanism for any employees who feel
that they are the subject of discrimination, to
raise problems with management in the belief that
complaints will be properly investigated, and if
proven, appropriate action taken.
Individuals subject to discrimination often find it
difficult to raise these matters, particularly if they
feel that discriminatory attitudes are shared by management.
An appropriate procedure should be adopted by the management
to overcome this.
Potential areas for discrimination
Employers should particularly review:
-
disciplinary procedures
-
promotion
-
training
-
redundancy selection.
Clear and consistent policies and procedures will minimise
the risk that, inadvertently, employees are treated
differently depending on their sex, race or the presence
of any disability. Remember, there is no ceiling on
the potential compensation, which can be awarded to
an employee who can establish unlawful discrimination.
If you feel your discrimination policies and procedures
may need reviewing, especially with the new Age Discrimination
law soon coming in from Brussels, please contact Stephen
Knowles.
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