Indirect Discrimination In The Workplace Video
Indirect Discrimination Indirect Discrimination In The WorkplaceFrom inadequate company policies and procedures to personal differences and miscommunications, there can be a variety of reasons why discrimination might arise in a work environment. Discrimination can also hugely demoralise your team and affect overall productivity.
Heskett v Secretary of State for Justice
The UK has nine protected characteristics, which are set out in the Equality Act — these are age, disability, gender reassignment, marriage and civil Tje, pregnancy and maternity, race, religion or belief, sex and sexual orientation. There are then four defined types of discrimination under the Equality Act, which are direct and indirect discrimination, harassment, and victimisation.
Direct discrimination is when a person is treated unfairly because they are associated with a protected characteristic intentionally or unintentionally. It might be to intimidate an employee or colleague, or degrade, humiliate or offend them.
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This may arise in a number of forms, from outright bullying to more subtle gossip, inappropriate questions, vicious gossip or exclusion. When it comes to judging a harassment situation, it is more important to understand how it made the victim feel than how the harasser intended their behaviour to come across. Both employers and employees can find themselves liable for acts of discrimination which might occur in relation to work. Therefore, whilst claims can be made against employers by their employees, claims can also be brought personally against individuals and colleagues. Furthermore, employers may find themselves liable for the unlawful behaviour of their employees. However, this risk can be minimised if the Indirect Discrimination In The Workplace can demonstrate they took all necessary precautions to prevent discrimination.
Occasionally, and only for certain protected characteristics, an employer might be able to justify their behaviour in regards to direct and indirect discrimination if they Indirect Discrimination In The Workplace show that their treatment was appropriate and necessary which normally requires that it is linked to the overall business Worjplace. Justifications may vary from business to business — for example, it is likely to be easier for a larger firm to provide flexible working hours for women with childcare responsibilities.
In the early stages, this begins with recruitment — ensuring that the hiring process is a fair and open process that is free from bias. Employers should also consider training staff to avoid unconscious bias in selection processes, and anonymising CVs and application forms. Employee handbooks should be fully updated with all equality and diversity policies, with training for all staff on the acceptable way to communicate and behave with one another in the workplace.
Employers should also make sure that their grievance and disciplinary procedures are clear, and consistently applied when dealing with any harassment and discrimination allegations. Diversity in the workplace should not Workplcae viewed as a tick-box exercise, simply because it adheres to the legal requirements of the Equality Act — it adds unparalleled value to the working environment. A diverse workforce can encourage new Indirect Discrimination In The Workplace of thinking, expand your customer base and help grow a business.
In addition, skills and knowledge can be shared — particularly in a work environment. This is especially true for employees within multi-generational workplaces. Discriminatkon reality is that law and legislation alone is not enough to get rid of discrimination in the workplace — behaviours and practices at work must change in order to ensure successful diversity.]
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