What should employees do if they witness discriminatory behaviour at work?

The easy answer is that they should report it or challenge the perpetrator, and support the victim. However in our experience, whether this will actually happen largely depends on the culture of the organisation. There are many companies where discriminatory remarks are not challenged and are therefore allowed. There are many reasons for this, whetherContinue reading “What should employees do if they witness discriminatory behaviour at work?”

Employers have a legal duty to tackle discriminatory remarks made by customers and suppliers to their staff

Most organisations we speak to aren’t aware of this and are unsure how to tackle it. Afterall, you can’t discipline another company’s employee! But the law very clearly puts the onus on employers to tackle discriminatory comments wherever they come from, even if it is outside their organisation and if they don’t do so theContinue reading “Employers have a legal duty to tackle discriminatory remarks made by customers and suppliers to their staff”

The curse of Whatsapp groups strikes again. What should employers do?

It started a couple of decades ago with unsavoury jokes sent by email, often discriminatory. The company wag would send a picture with a caption poking fun at a group, related to their race, sex, or sexual orientation (in the olden days before Trans existed and there were only 2 genders). The problem was thatContinue reading “The curse of Whatsapp groups strikes again. What should employers do?”

Why might an offensive social media comment posted outside working hours be classed as a work issue?

This is one of those areas where common sense generally prevails but people often get caught out. Take the following comment: ‘Just finished my shift at Fosters where my hormonal boss Nicola shouted at me for no reason. Awful place to work.’   This is likely to be found to be a work related comment andContinue reading “Why might an offensive social media comment posted outside working hours be classed as a work issue?”

How do you know if someone will be offended if they overhear a racist comment at work?

Getting the balance right between having a healthy culture where people can have a laugh at work but without causing offence to others is tricky for employers. Everyone has different values in life based on their upbringing, life experiences, personal circumstances, religion and myriad other factors, meaning you don’t know whether a colleague will beContinue reading “How do you know if someone will be offended if they overhear a racist comment at work?”

‘That was so gay’, do you need to tackle ‘banter’ at work such as this?

Yes!! Next!! The good news is it is relatively straightforward to do. Let’s say this was said to a straight person by a straight colleague in an open office, believing it to be harmless banter. Why does that need to be challenged? Has the world gone mad? First, it may help to consider who mayContinue reading “‘That was so gay’, do you need to tackle ‘banter’ at work such as this?”

Does an employee need to be gay to make a sexual orientation discrimination complaint or claim?

There are various categories of discrimination including race, sex, age etc. These are called ‘Protected Characteristics’ as they are protected by law. It is generally the case that to make a claim for discrimination the complainant needs to have the Protected Characteristic in question i.e. be gay, have a disability, be of a different race,Continue reading “Does an employee need to be gay to make a sexual orientation discrimination complaint or claim?”

Keep your nose out! Dealing with employees who complain about things that don’t seem relevant to them personally.

There seems to be an increase in people taking offence on behalf of others i.e. about issues that don’t affect them personally. This can sometimes be a good thing as, in keeping with the British sense of fair play and protecting the underdog, nobody wants to see weaker or vulnerable people bullied or discriminated againstContinue reading “Keep your nose out! Dealing with employees who complain about things that don’t seem relevant to them personally.”

Who decides whether an individual can be offended by an issue at work?

People seem to become offended so easily these days, often on behalf of other people. Others rail against this perceived oversentitivity – ’surely you can’t be offended by that? The world has gone mad!’ For employers, there is bad news and good news, the bad news is that there isn’t a cut off point whereContinue reading “Who decides whether an individual can be offended by an issue at work?”

The loophole that means you may win a Tribunal even if you clearly discriminate against people.

How did the UK Chinese restaurant who insisted that only Chinese applicants would be considered for a job vacancy win their race discrimination Tribunal? Likewise, how did the airline who admitted that insisting on a requirement that was clearly discrimination on the grounds of both race and sex win their Tribunal? Although it is unusual,Continue reading “The loophole that means you may win a Tribunal even if you clearly discriminate against people.”