Equality Diversity and Inclusion at Work: Filing an Employment Tribunal Claim

The principles of equality, diversity, and inclusion are essential in the workplace. Not only can they help enhance productivity, but failure to address them can bring about employment tribunal claims. Read on as we discuss the essential concepts and issues that can arise from neglecting them. We will uncover how to avoid legal action and the steps employees can take if their employer breaches their legal obligations.

If you have any questions or believe your employment rights have been breached, please contact us immediately. Redmans Solicitors are specialists in the sector, enabling us to provide comprehensive advice to help you seek justice.

To begin:

Equality, Diversity, and Inclusion: Key Concepts for a Thriving Workplace

Equality, diversity, and inclusion are interconnected concepts that are distinct in their own right. The term ‘equality’ refers to everyone experiencing equal opportunities and fair treatment. For this to occur, discrimination in the workplace based on an individual’s protected characteristics (age, race, sex, pregnancy, and more) must be removed.

As for “diversity”, this relates to bringing people with different protected characteristics together. A diverse workplace encompasses a wide range of backgrounds and experiences, which results in an overall feel-good factor.

Finally, the term “inclusion” involves fostering an environment at work where people feel valued and respected and that their voices are heard. To achieve this, diverse perspectives must be integrated into the culture to ensure everyone feels welcome and accepted.

Promoting equality, diversity, and inclusion in the workplace is essential on several fronts. For starters, as we will explore in more detail later on, failure to address these concepts can lead to significant legal ramifications. Complying with the law can prevent costly lawsuits and help avoid the associated stresses for all involved.

But that’s not all. A workplace that is diverse, welcoming, and free from discrimination has been shown to enhance talent acquisition and retention and improve a company’s performance. Put simply, these benefits arise because a diverse workforce boosts morale and increases collaboration and productivity.

Neglecting Key Principles Could Lead to the Employment Tribunal

While equality, diversity, and inclusion are essential to workplace culture, they’re sometimes overlooked. Unfortunately, this can lead to work-related disputes that result in employment tribunal claims.

As mentioned, equality can only thrive in a company when discrimination in the workplace is removed. Discrimination can arise during hiring, when promoting someone, or through business policies. It could also occur if an employer fails to make reasonable adjustments for disabled employees.

Regardless of the context, if an individual experiences less favourable treatment due to protected characteristics, this would amount to direct or indirect discrimination, victimisation, or harassment under the Equality Act 2010. The recent Next equal pay claim demonstrated a prime example of equality being an issue.

Diversity problems can be, but aren’t always, easier to spot. If middle-aged white men dominate a company’s executive board, there’s likely a lack of representation. It could be that women and those from minority ethnic backgrounds aren’t receiving the same opportunities to progress. However, not all characteristics are visible, such as some disabilities and sexual orientation, meaning such issues can be harder to resolve.

Inclusivity issues may arise if employers neglect the cultural practices of their workforce. Failing to foster environments where diverse cultural backgrounds are acknowledged and respected may lead to feelings of exclusion. Consequently, staff may feel disengaged and work at sub-optimal levels.

In any event, issues relating to equality, diversity, and inclusion resulting from a breach of an employer’s legal obligations could lead to a dispute that ultimately ends up in a tribunal. 

In most circumstances, neither party wants a dispute to end there. It can be stressful and costly for both, and if the employee succeeds with their claim, the employer may experience low workplace morale. In turn, this could lead to a higher staff turnover and decreased productivity.

Proactive Steps to Avoid Costly Equality, Diversity, and Inclusion Disputes

Since promoting equality, diversity, and inclusion can be beneficial, but neglecting these concepts can be costly, employers must understand how to avoid associated disputes. Like with most issues at work, a good place to begin is with a comprehensive policy. 

This should cover all aspects of the topic, including what’s expected of the workforce and how issues can be raised. If an incident has been reported, the policy should also outline how this would be dealt with.

But a policy alone is not enough. Employers should implement training to build on the concepts established within their policies. The training should cover identifying and reporting misconduct and provide managers with the knowledge to deal with reports.

Yet, for any of these initiatives to work, employers must lead from the front. They must act as role models, showcasing exemplary behaviour, to promote the desired inclusive culture. If senior colleagues are seen to be acting a certain way, this can help encourage the rest of the workforce to follow suit.

Finally, employers must actively monitor their initiatives and address issues where appropriate. Even if they’ve taken steps to promote equality, diversity, and inclusion, there’s no guarantee their measures will be 100% effective. By listening to employee feedback and quickly resolving issues, employers can navigate around easily avoidable disputes.

Steps to Take Before Pursuing Legal Action

Unfortunately, not every workplace prioritises equality, diversity, and inclusion. As a result, employees may face discrimination in the workplace or other forms of misconduct. If this occurs, the employer could be in breach of the Equality Act 2010 and liable to face an employment tribunal claim.

An employee, in such circumstances, should consider a few measures before initiating legal action. First, attempting to resolve the matter informally can benefit both sides. It may be that the employer was unaware of the problem, and simply having a chat can solve the issue without the need for costly, stressful tribunal proceedings.

If an informal chat is inappropriate or fails to fix the dispute, raising a formal grievance could provide the answer. Again, this would avoid the need for legal action but would obligate the employer to deal with the complaint in compliance with the law.

Should no resolution be found, this would be the time to consider a lawsuit. The employee would be required to satisfy specific eligibility criteria and adhere to time limits, but once ACAS early conciliation has been undertaken, they would be free to initiate their claim.

If you have any equality, diversity, and inclusion issues at work and want legal assistance, consider contacting Redmans Solicitors. As employment law experts, we can analyse your case and provide specialist advice to help resolve your problem.

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