Why Equality, Diversity and Inclusion Should Be a Priority in Your Workplace This Year

Organisations are increasingly motivated to remain progressive in order to attract and retain talent, to foster a positive workplace culture, and to manage the risk of litigation.  In addition, there is a legal obligation on all employers regardless of their size, to ensure that staff are treated fairly and without discrimination whilst at work. 

Employers facing discrimination litigation may be able to successfully defend claims if they can show they took all reasonable steps to prevent the discrimination or harassment from occurring.

EDI is also a topic that continues to feature on the Government's agenda. The Government is supporting a Bill which will create employer liability for third-party harassment.  It will also place a positive duty on employers to take all reasonable steps to prevent sexual harassment of their employees.  The Government has also confirmed that the Equality and Human Rights Commission guidance on sexual harassment and harassment in the workplace is expected to become statutory guidance in due course. 

What Steps Can Employers Take?

As an employer you should be confident that your organisation has taken all reasonable steps to prevent discrimination and harassment in the workplace, and that you can clearly evidence this. Two steps to consider are:

1. Review Your EDI Policies

You should regularly review your EDI policies in order to ensure they comply with current law and best practice. 

You should also ensure your staff are familiar with your policies and understand their own rights and those of others, as well as the organisation's own rights, duties and obligations.

If you need any support with reviewing your current policies, our specialist employment lawyers at VWV would be happy to assist and ensure your policies are comprehensive and compliant.

We have a developed a suite of policy templates to help support your organisation. To adopt any of our templates, view them on approval, or discuss options to tailor the template to your specific needs, please get in touch.

2. Provide Up-To-Date Staff Training

The Employment Appeal Tribunal (EAT) recently found that an employer's staff equality training had become stale after 20 months.  In this case, racist comments had been made by one employee towards another, and managers within the organisation failed to address the comments appropriately.  The EAT found that the employer could not use the 'reasonable steps' defence against a racial harassment claim as there was cause to identify a need for refresher training.

Ensuring your training is up-to-date is essential. Employers should provide regular staff training on EDI to help employees understand their own rights and those of others, as well as the organisation's own rights, duties and obligations. It is best practice to deliver EDI training during staff inductions and to repeat the training regularly.    

If you'd be interested in our EDI online staff training, written and updated by our employment experts, please register your interest today.

Alternatively, for any further support with managing EDI in your workplace, please get in touch with Alice Reeve in our Employment Law team, or complete the form below.