What are the benefits to employers in adopting an equal opportunities policy?
How can an employer improve its equal opportunities record?
Is it lawful for an employer to dismiss a complaint of harassment or bullying from an employee who is thought to be "over-sensitive"?
Can employers be held liable for harassment that takes place during a work-related social event?
Is an employer liable for offensive and/or potentially discriminatory material or comments posted on its intranet bulletin board?
If a business client harasses an employee, is the employer liable?
Can an employer be liable for harassment of an employee by other employees because he or she is gay?
Are employers required to monitor their employees' sexual orientation?
Can an employer be liable for harassment of an employee by other employees because of his or her religion or belief?
Are employers required to monitor their employees' religions and beliefs?
How can employers avoid allegations of unfair and/or discriminatory treatment when allowing employees to take time off to watch football?
What "positive action" is permitted under discrimination legislation?
It is lawful under the various strands of discrimination legislation for employers to take action to compensate for disadvantages faced by people from a particular group (for example women, or people from a particular racial group) in relation to a certain area of work.
Positive action is lawful if it is taken to:
- afford people from a particular group access to facilities for training that would help fit them for particular work; or
- encourage people from a particular group to take advantage of opportunities for doing particular work,
as long as it reasonably appears to the employer that the action taken prevents or compensates for disadvantages suffered by people of that group in that particular area of work. In relation to sex and race discrimination the employer must show that the group has been underrepresented in that employment during the previous 12 months.
Positive action is not lawful at the selection stage. The employer can encourage people from disadvantaged groups to apply for work, and can provide training to help equip them for the particular work, but the decision on who to select must be made on merit alone.
For example, an employer that has records that show that its employees from a particular racial group are underrepresented at management level could run a management training course targeted at employees from that group. However, the employer could not favour candidates from that group, at the expense of other candidates, when recruiting managers.
Exceptions relating to positive action are included in legislation on sex, race, religion or belief, sexual orientation and age discrimination. There is no provision for positive action under the Disability Discrimination Act 1995 because it is not unlawful to discriminate in favour of a disabled person and employers have a positive duty to make reasonable adjustments to compensate for disadvantages related to disability.
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Where an employer follows the statutory retirement procedure in dismissing an employee, can the dismissal attract a discrimination claim?
