The age discrimination regulations that come into force on October 1 will add a new dimension to the issues of equality and diversity in the workplace and will impact on how employers manage an increasingly diverse workforce with increased employment rights.
We strongly recommend that clients implement a system for checking whether their equal opportunities policy is being carried out, and whether their policies are ensuring that, as well as recruiting the right person for the job, they are not inadvertently missing out on the talent available in differing sectors of the workforce.
Although it is not obligatory for private sector organisations to keep monitoring records, without those records it will be increasingly difficult to establish the nature or extent of any inequality, the specific areas where action is needed, and whether measures aimed at reducing inequality in the workplace are succeeding.
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The most reliable and efficient way of monitoring the effectiveness of a basic equal opportunities policy is to carry out regular analysis of the workforce and job applicants. However, the most common time to use the monitoring process is during recruitment.
Why should I monitor diversity in my workforce?
“Equal opportunities” is often interpreted as treating everyone in exactly the same way, or having to have quotas to ensure that your workforce matches the diversity of the population at large or in the vicinity of your business. But to provide real equality of opportunity, people often need to be treated differently, managed differently, or developed differently, but in ways that are fair and tailored to their needs. In addition, all employers should remember that, whilst positive action is allowed, positive discrimination and quota systems remain unlawful in the UK.
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In our experience most people aspire to work for employers with good reputations and good employment practices. Most people also want to feel valued at work. To be competitive, you need to ensure that you get the best from your employees.
Increasingly difficulties in filling vacancies are forcing more organisations to recruit from a more diverse applicant pool, even having to look abroad to recruit specialist skills in short supply in the UK. Employers who have robust equality policies, who monitor equality in their workforce, and who take action to ensure a diverse workforce, will see a beneficial impact on their businesses.
Employees who feel fairly treated and fairly rewarded at work are less likely to suffer from stress or become sick, leading to fewer disruptions in production or service. Good employers who are recognised for their best practice will receive more applications for jobs, leading to a larger pool of talent to choose from. A diverse workforce will be more creative and innovative.
Defending discrimination claims
We have helped a number of clients recently to defend their businesses from a variety of discrimination claims. What have we found to really help in these cases?
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Without doubt, a robust Equal Opportunities Policy, on its own, is not enough to defend such a claim. Actions taken by employers to promote equality of opportunity and awareness amongst staff are also vital. This will certainly include training for managers and supervisors; equality as part of the induction process; and a well understood, fair route to raise concerns and grievances.
Just monitoring the ethnic make up of your workforce is also not enough by itself. What we have found is that employers who monitor the diversity of their workforce, and then use that information to improve their practices and inform their decisions, will find this data invaluable when defending a discrimination claim.
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You should be aware that a failure to implement a monitoring scheme, particularly where an employer has taken no other concrete steps to promote equality, could lead to a tribunal inferring that your company is paying little or no regard to its equal opportunities policy, which, in turn, could lead to a finding of discrimination – and unlimited liability!