Date published: 17th July 2023

Under the Equality Act 2010, there are 9 protected characteristics which are; age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

It is important to note that the EqA 2010 provides legislation which aims to protect individuals in the workplace from discrimination and harassment specifically relating to protected characteristics.

This protection includes recruitment, training and promotion, pay and benefits, performance management, redundancy and dismissal.

The legislation under the EqA 2010 makes it clear that any form of unfair treatment or discriminatory behaviour based on these characteristics is not just unacceptable; it's unlawful.

It is the case that organisations can sometimes feel anxious about talking about these characteristics for fear of ‘getting it wrong’ or causing offence.

HR Support for Diversity, Equality and Inclusion (DE&I).

Firms should not ignore conversations that they feel are challenging. HR support should aim to promote awareness, provide training and competence around Diversity, Equality and Inclusion (DE&I).

If you, as the organisation do not understand a characteristic, find guidance to help you through. You may wish to seek advice from relevant, trustworthy organisations to help understand.

For example, religious beliefs traditions and customs, or maternity health and safety practices. You, as an employer, have a duty of care to understand Protected Characteristics recognised by UK law.

It is vital that organisations get this right. Employers need to be aware of these characteristics as they are responsible for ensuring that the workplace is free from discrimination. Neglecting this responsibility could result in massive consequences for a business.

It is important to discuss the consequences for the business. But it is also extremely important to recognise that it can be wholly disengaging and make someone feel isolated if they believe they are not included or do not belong, due to how they dress or behave, their religious beliefs, sexual orientation, or simply not being in keeping with traditional business stereotypes.

Unsure of your Duty of Care? Speak to an employment lawyer today.

How do I promote Diversity and Inclusion in the workplace?

There are several ways to encourage and promote inclusion and diversity in the workplace, especially with more employees returning to the office.

  • Have safe places for all, such as quiet spaces, wheelchair ramps & prayer rooms
  • Encourage employee social & interest groups to help employees build networks
  • Be mindful of inclusion when planning company holidays
  • Check your language is free from discrimination
  • Host inclusivity training sessions to educate staff on inclusion at work

It is a challenge to be one hundred per cent inclusive all day, every day. However, it should be at the forefront of every employer’s mindset, and highlighted throughout robust policies and procedures and made available to and understood by the entire workforce. 

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On a daily basis, I assist organisations through a wide remit of areas including advising on disciplinary and grievance matters, sickness absence cases, discrimination and TUPE matters, as well as drafting and implementing Contracts of Employment and Settlement Agreements.

With regard to individual matters, I assist people with an array of discrimination matters, unfair and constructive dismissal matters, protected disclosures and advising on settlement agreements.

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