Time to get equal: encouraging diversity
in the workplace

(23/07/10)

The issue of diversity in the workplace is increasingly featuring in the headlines. With the main provisions of the Equality Act set to come into force later this year, followed by further equality legislation in 2011, there is increasing pressure on business owners to address the issue of diversity.

The legal position

The Equality Bill was published in April 2009, with the aim of strengthening and streamlining existing equality law by means of a single Act. The Equality Act received Royal Assent in April 2010 and some of the key measures affecting employers are outlined below.

• Single equality duty for employers – The Act extends existing anti-discrimination legislation, to apply to the ‘protected characteristics’ of race; gender; disability; sexual orientation; age; religion or belief; pregnancy and maternity; and gender reassignment.
• Positive action in recruitment and promotion – New measures are set to allow employers to select an individual from an under-represented group, when choosing between equally suitable candidates. However, positive discrimination (based on
  under-representation alone, regardless of merit) will remain unlawful.
• Gender pay reports – The Government will from 2013 have the power to request gender pay reports from employers with 250 or more employees, if sufficient progress on reporting has not been made in the meantime.
• Employment tribunals – Employment tribunals may make recommendations in discrimination cases that benefit the whole workforce, rather than only the individual concerned. This widens the scope of tribunals, as in many cases the claimant has already left the organisation.
• Other measures – The practice of banning employees from discussing their pay will be outlawed, as will questioning job candidates about any medical conditions, where these have no bearing on the individual’s ability to perform the job. Firms bidding for Government contracts will also be required to publish details of their diversity policies.

Benefits for your business

Aside from the legal obligations, the business benefits of taking a positive approach to diversity can be significant. Offering the same rights and equal opportunities to all employees, regardless of their particular background, issues or social group, will help you to attract a broad base of candidates with a range of skills, experience and expertise. This can be of particular value to smaller businesses.

Some ideas on how to achieve a culture of diversity...

Recruitment and selection

• Advertise positions in a range of different media
• Supply application forms in a variety of formats (eg large print)
• Avoid potentially discriminatory wording (eg energetic/mature worker)
• Actively welcome applications from minority groups
  Offer special arrangements for applicants with disabilities
• Only request personal details that are essential, such as contact information
• Avoid questions that you would not ask of any candidate (eg asking a woman about childcare arrangements)
  

KEY TIP: Recruitment and selection processes should be objective and consistent, and decisions based on the candidate’s skills and experience as relevant to the position.

Employment and progression

• Give all employees access to training
• Make sure that pay and bonus schemes are transparent and justifiable
• Make reasonable adjustments to your premises and facilities as necessary
• Consider offering flexible working options (eg home working, or compressed hours)
• Offer staff training in equality and diversity issues
• Have a written procedure to deal with complaints of bullying or harassment
• Base any redundancy decisions on the specific needs of the business

KEY TIP: Staff development and remuneration policies should be fair and equal, with benefits and opportunities available to all staff.