Discrimination and Harassment Law for in the Workplace
Overview
The prevention of discrimination and harassment in the workplace is a vital section of employment law that keeps workplaces feeling safe and inclusive for all employees. It is important for everyone to feel comfortable in their place of work, both for their own personal benefit and to allow them to perform their role to the best of their ability.
This article highlights some key pieces of discrimination and harassment law, all of which are important for cultivating a positive working environment. It acts as a guide to some of the most prominent pieces of discrimination and harassment legislation.
Protection from Harassment Act 1997
The Protection from Harassment Act 1997 is a foundational piece of law in the UK regarding harassment. It defines what harassment is, makes harassment a criminal offence, and provides victims with ways to combat harassment, such as restraining orders and civil remedies.
There are a few tasks associated with compliance for this Act. Policy development and implementation, specifically of anti-harassment policies, is one of the main tasks. Training and awareness programs could also be implemented, educating employees on recognising harassment and understanding their rights. You should have good complaint handling and investigation procedures, as well as monitoring the workplace environment so that policies can be enforced if they need to be.
The Protection from Harassment Act 1997 remains in force, although it has been supplemented by related laws, such as the further expansion on harassment prevention responsibilities provided by the Equality Act 2010. Even more recently, this was updated with a requirement for employers to take all possible reasonable steps to prevent sexual harassment. Keeping up with all updates is a great way of maintaining a safe working environment.
Equality Act 2010
As previously mentioned, the Equality Act 2010 is arguably the most prominent Act against discrimination in the UK. The act includes a list of 9 ‘protected characteristics’ that employers may not discriminate against. These include age, disability, sex, gender, race, religion, sexual orientation, marriage/civil partnership and pregnancy/maternity. There are a few exceptions to what is considered discriminatory. Employers may insist that only those with a protected characteristic can apply for a job, however this needs to be backed up with suitable reasoning.
The Equality Act 2010 introduces the need to make reasonable adjustments for disabled employees, who may need certain changes made to have the same opportunities as their able-bodied colleagues. These include adjustments to premises, altering work hours or allowing absence, providing extra training or supervision, and modifying equipment.
The most common task for this act is to develop and maintain an equality policy. This will need to be enforced, communicated to employees and interested parties, and maintained if the policy is breached.
Racial and Religious Hatred Act 2006
In anti-discrimination law, the Racial and Religious Hatred Act 2006 acts as a fundamental safeguard against religious hatred in the UK. Introduced to address increasing concerns around religious intolerance, it protects against religious-based hatred, violence and discrimination, while also balancing the right to freedom of expression.
Much like other pieces of discrimination and harassment legislation, related tasks include policy development and staff training. This act also requires content review and regulation, avoiding putting out content that could cross the line into inciting religious hatred. It can also affect event management, needing guidelines for speakers and other event content to avoid breaching this legislation.
Legislation around discrimination changes regularly to improve workplaces. Keeping up to date involves paying close attention to legal updates, which can be made easier through use of an ISO Compliance Register.
