A Guide To Discrimination, Harassment & Reasonable Adjustments

Creating an inclusive workplace is not only a legal requirement but also an essential part of building a positive and productive working environment.

Discrimination and harassment can expose businesses to significant legal, financial and reputational risks. Employers should understand their responsibilities and take proactive steps to prevent unlawful treatment in the workplace.

This guide provides an overview of discrimination, harassment, victimisation, and the duty to make reasonable adjustments for disabled employees.

Why Discrimination Laws Matte

Employment equality laws are designed to:

• Promote equality of opportunity.
• Protect employee dignity.
• Prevent unfair treatment.
• Enable employees to raise concerns without fear of retaliation.

A workplace that embraces equality and inclusion is more likely to attract, retain and motivate talented employees.

Risks of Non-Compliance

Failure to comply with discrimination laws can have serious consequences.

When Discrimination Laws Apply

Equality protections apply throughout the employment relationship, including:

• Recruitment and selection.
• Job advertisements.
• Promotion decisions.
• Training opportunities.
• Day-to-day management.
• Workplace conduct.
• Social events connected with work.
• Dismissal and termination.
• Employment references.

Employers should ensure equality principles are applied consistently across all aspects of employment.

Employees and job applicants are protected from discrimination based on certain legally protected characteristics, including:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

Decisions about recruitment, promotion, training, pay and other employment matters should never be influenced by a protected characteristic.

Understanding Harassment

Harassment occurs where unwanted conduct related to a protected characteristic has the purpose or effect of:

• Violating a person’s dignity; or
• Creating an intimidating, hostile, degrading, humiliating or offensive environment.

Harassment can take many forms, including:

• Verbal comments or jokes.
• Offensive emails or messages.
• Exclusion from workplace activities.
• Mocking accents, beliefs or disabilities.
• Inappropriate behaviour at work-related social events.

Employers should address concerns promptly and take all complaints seriously.

Understanding Victimisation

Victimisation occurs when an individual is treated unfavourably because they have:

• Raised a discrimination complaint.
• Supported another person’s complaint.
• Given evidence in legal proceedings.
• Exercised their rights under equality legislation.

Employees should be able to raise concerns without fear of retaliation.

Disability and Reasonable Adjustments

Employers have a legal duty to consider reasonable adjustments where a disabled employee or applicant is placed at a substantial disadvantage.

The duty may arise where workplace practices, physical features or the absence of supportive equipment place a disabled individual at a disadvantage compared with non-disabled colleagues.

Identifying Potential Barriers

Potential barriers may arise from:

• Recruitment processes.
• Workplace policies.
• Contractual requirements.
• Physical workplace layouts.
• Working arrangements.
• Technology or communication methods.

Employers should take proactive steps to identify and remove unnecessary barriers wherever possible.

What Makes an Adjustment Reasonable?

There is no fixed list of reasonable adjustments.

Factors commonly considered include:

• Whether the adjustment addresses the disadvantage.
• Practicality.
• Cost.
• Available resources.
• The size and nature of the organisation.
• The impact on business operations.

Consulting with the employee is often the most effective way to identify appropriate solutions.

Examples of Reasonable Adjustments

Reasonable adjustments may include:

• Modifying premises or access arrangements.
• Providing specialist equipment or software.
• Offering flexible working arrangements.
• Adjusting working hours.
• Providing information in accessible formats.
• Reallocating certain duties.
• Facilitating transfers to suitable alternative roles.

The appropriate adjustment will depend on the individual’s circumstances and the role being performed.

Preventing Discrimination and Harassment

Employers can reduce legal risk and foster an inclusive culture by:

• Maintaining clear equality and anti-harassment policies.
• Providing regular training to managers and staff.
• Encouraging employees to raise concerns early.
• Investigating complaints thoroughly.
• Taking disciplinary action where appropriate.
• Monitoring workplace practices for potential barriers.
• Reviewing policies and procedures regularly.

Prevention is often far more effective than responding to issues after they arise.

Frequently Asked Questions (FAQs)