
Guide
Racial discrimination at work
Read our guide on racial discrimination at work. Discover what it is, its different forms, and how you can manage it in your company.
- Discrimination
Peninsula Group, HR and Health & Safety Experts
(Last updated )
Peninsula Group, HR and Health & Safety Experts
(Last updated )
Every business must ensure staff are protected against harassment, bullying, and discrimination.
When an employee is discriminated against at work, the consequences affect the whole company.
Neglecting these actions could lead to discriminatory claims - resulting in tribunal attendance, compensation penalties, and reputational damage.
In this guide, we'll look at what discrimination is, examples of unfair treatment, and how to eliminate it within your company.
Discrimination is when a person is treated less favourably than someone else, based on a protected characteristic.
Work discrimination can occur intentionally or without intention. (For example, like direct discrimination or indirect discrimination). Colleagues, customers, even employers can show discriminatory treatment towards a worker.
They often feel disrespected, undervalued, and hurt because of these actions. That's why it's important to eliminate discrimination at work as much as reasonably possible.
There are several situations where an employee can be discriminated against at work. For example:
Every employer has a legal duty of care when it comes to identifying workplace discrimination.
Employees should be treated with equality and fairness at work. The benefits of identifying discrimination at work allows you to:
Yes, there are different types of discriminatory actions. These acts can be categorised into several forms:
It is unlawful to discriminate against an employee based on ‘protected characteristics'. Under the Equality Act 2010, there are nine protected characteristics:
If you discriminate because of a protected characteristic, the employee may decide to make a claim to the employment tribunal (ET). If judges find you guilty, you could face monetary penalties, work disruption, and even business closure.
Despite generally being wrong, you can be discriminated against through legal manners. This is known as being 'objectively justified'.
The law protects the employer because their discriminatory action is deemed as indirect and therefore defensible. Under employment law, objective justification shows ‘proportionate means of achieving a legitimate aim’.
Here are examples when laws protect discriminatory actions:
Remember, employers cannot justify discriminatory actions themselves. Rather, they're judged within a legal process, like through a judicial court.
Every employer has a legal duty to ensure staff aren't treated unfairly or unlawfully. By doing so, they can champion equality and diversity–leading to business success.
Here are ways to eliminate discrimination in the workplace:
From disability to gender reassignment, every employer must protect their staff from being discriminated against at work.
By eliminating unlawful treatment, your company benefits from building a healthy and safe working environment. However, if you neglect this, you could face losing staff, reputational damages, and tribunal claims.
Peninsula offers expert advice on discrimination in the workplace. Our team offers a 24/7 HR advice service which is available 365 days a year; with multi-lingual assistance and fully trained counsellors ready to help.
Want to find out more? Book a free consultation for advice from one of our HR employment consultants. Call 0800 029 4382.
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