Equality at Work

Only 20% of today’s United Kingdom workforce is white, able-bodied, male and under 45 - by 2020, 40% of the working population will be aged over 50.

Diversity is no longer a minority issue - it is a key component of competitive advantage. Positive action is required to prepare for the environment and challenges ahead.

While many organisations, public and private, embrace diversity and inclusion, unlawful discrimination persists in many areas, although often unintentional.

The reasons are often complex and differ between organisations and departments, the result is often the same: unlawful discrimination with its attendant risks, which include:

• Reputational risk
• Financial risks through Employment Tribunal awards and the costs of defending and/or settling a claim
• Damaged team morale, through poor employment relations
• Sub-optimal performance of individuals and teams and organisations
• The opportunity costs of failing to harness the capability of a diverse workforce

Key Events

Retirement age should be scrapped

Equalities Minister, Harriet Harman, has said the default retirement age should be scrapped. People should not be forced to work beyond 65 but should have the option to continue working into their 70s and 80s if they choose to. The Equality Bill is seeking to provide new legal protection for those at work caring for an older family member; place legal obligations on public services to protect and promote the needs of older people; ban age discrimination in provision of goods and services.

Associative Discrimination

The Disability Discrimination Act 1995 was further extended as a result of a claim lodged with an Employment Tribunal to cover associative discrimination: "A person also discriminates against a person if he treats him less favourably than he treats or would treat another person by reason of the disability of another person." This is also extended to cover harassment.

Religion and belief

A tribunal ruled that beliefs and views held on climate change amount to a philosophical belief and are therefore covered by regulations prohibiting discrimination on the grounds of religion and belief. An employee who is discriminated against on these grounds can therefore claim unlawful discrimination under the legislation covering religion and belief. The law was changed so that beliefs no longer had to be "similar" to a religious faith but had to be serious and "worthy of respect in a democratic society". The ruling is to be challenged on Appeal.