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?”
Category Archives: Discrimination
‘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.”
Barclays bank loses sex discrimination case after manager called female staff ‘birds’
Most of the time employers, especially high profile ones such as Barclays bank, would settle a sex discrimination claim like this rather than allow it to proceed to Tribunal and suffer the subsequent negative publicity, especially as they were fairly sure to lose this one as it is clear sexual harassment and quite embarrassing toContinue reading “Barclays bank loses sex discrimination case after manager called female staff ‘birds’”
Indirect discrimination often catches employers out, leading to some huge claims. Do you know how to avoid it?
Even the legal definition of indirect discrimination hints that it is the silent assassin of employment law. Organisations are often not even aware they may be discriminating. The definition begins by stating that such discrimination is often ‘an apparently neutral practice ….’ i.e. on the face of it the practice seems harmless. However, it isContinue reading “Indirect discrimination often catches employers out, leading to some huge claims. Do you know how to avoid it?”
Knowing the difference between discrimination and Victimisation is so important for employers
Most organisations have a section on Victimisation in their disciplinary policy stating that it is gross misconduct, but then don’t recognise Victimisation when it happens. This can be a tricky and costly error. Similarly, Claimants often are not aware they have been Victimised until their solicitor gives them the happy news that they can increaseContinue reading “Knowing the difference between discrimination and Victimisation is so important for employers”
We all know about race and sex, what other types of discrimination do employers need to be aware of?
There are several. People often site religion, which is a good answer although it is included under race. An example of ‘banter’ that crosses the line would be repeatedly asking a colleague of certain faiths if they would like a bacon sandwich. Nationality is also covered under race. Harassment due to sexual orientation is oftenContinue reading “We all know about race and sex, what other types of discrimination do employers need to be aware of?”