Avoiding discrimination

The Equality Act 2010 protects employees from discrimination based on nine protected characteristics, including race, sex, disability, and age. It also provides protection against discrimination during pregnancy or maternity leave, whether because of the pregnancy itself, or because of illness suffered because of it.  

One recent case highlights how stereotypical comments about pregnancy can be unlawful.  Here, a pregnant employee successfully claimed for discrimination and constructive dismissal when her working relationship with managers became difficult after she announced her pregnancy, continuing through to her return after maternity leave.  In one exchange she was called ‘very emotional and tearful’ and the employment tribunal found that her male boss had “stereotyped” her as “an emotional, hormonal, pregnant woman and that in the particular circumstances his description of her … was dismissive and belittling.”

Using language with stereotypes or assumptions can have serious consequences, and it is worth reviewing with managers the importance of being mindful of what they say. 

Comments made as a ‘joke’ or even as a so-called compliment can cause problems, if they are uninvited and inappropriate. 

This is  demonstrated by another recent case, where a tribunal found that introducing a female employee as ‘glamorous’ in a business context was potentially a breach of employment law, saying: “Looked at objectively, it could be taken as undermining or belittling the person being described, making them seem less serious and professional.”  The case involved a female barrister employed by a local authority and the tribunal said that being introduced in this way had the potential to be harassment, as defined by the Equality Act.

It is important to make sure everyone is kept up to date on how to mind their words, through both workshops and internal resources, is an important step towards managing the risk.

Some tips for employers to foster inclusion and avoid discrimination include:

• Being mindful of stereotypes: Challenge assumptions about people based on their protected characteristics.
• Using inclusive language: Avoid gendered terms for roles or tasks.
• Focussing on skills and experience: Evaluate colleagues based on their abilities, not their background.
• Educate yourself and your team: Have regular workshops and training on unconscious bias and inclusive language.

The Equality and Human Rights Commission (https://www.equalityhumanrights.com/) has resources which offers guidance on the Equality Act and inclusive workplaces.