Diversity, Equity and Inclusion

Diversity, Equity and Inclusion (DE&I) has been getting a lot of attention in the press recently in light of President Trump’s inauguration this month. What does DE&I mean and how is it incorporated into the workplace?

DE&I in the United Kingdom mainly focuses on the nine protected characteristics set out in the Equality Act 2010 (EqA), promoting equal opportunity and providing an inclusive workplace. The protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

The starting point when promoting DE&I in the workplace is to have an effective staff policy in place. Whilst this is not a legal requirement, it is highly recommended as a matter of good practice. The policy should comply with the EqA and set out how the employer intends to create a workplace that promotes DE&I. This should include all parts of employment from the recruitment stage, through to conditions of employment, promotions and termination of employment.

Alongside an DE&I policy, an employer should also have an effective anti-harassment and bullying policy in place.

Having policies in place alone is not enough and, as above, this is just the starting point when it comes to DE&I. Employers should arrange appropriate training for managers on recognising and avoiding discrimination, harassment and victimisation and staff should be provided with training on the content of the policies and what they mean. Acting in accordance with the policies is imperative, rather than simply having them in place.

In addition to training on the policies, training on “unconscious bias” should also be considered. This is a term used to describe the beliefs and views that people have, that they might not be aware of. These beliefs and views are often formed early on and based on life experiences. As a result of being unaware of the beliefs and views, people could make decisions or act in a way that is discriminatory without realising it.

Having effective policies in place that staff and managers are familiar with and understand, coupled with appropriate training will help to promote an inclusive workplace environment. The policies and training are also considered when defending a discrimination claim in the Employment Tribunal as the Employment Tribunal will look at what policies an employer has in place, how those policies have been implemented, and any training provided. In the absence of the policies and training, it could be very difficult for an employer to successfully defend a claim.

If you require advice on the content of this article, or assistance with reviewing or preparing effective policies, please contact the Employment Team.