The subject of equal opportunities has always been prevalent in the workplace and it
was brought more to the fore by the introduction of the Sex Discrimination Act 1975, the
Race Relations Act 1976 and the Equal Pay Act 1970, all of which set out the basis for
employees not to suffer less favourable treatment.
Everyone should be treated equally through both the job application process and
in the workplace itself. The way in which people are treated should be regardless of race, ethnic or national
origin, nationality, religion, gender, sexual orientation, disability, appearance, age,
marital or employment status.
Large companies and small businesses should be committed to ensure that they have an adequate policy in place to ensure fairness and, more importantly, that it is adhered to. The
Equal Opportunities Commission issues codes of practice for employers to assist with
promoting the elimination of discrimination in the workplace and placing both sexes on an
equal footing.
However, not all of the burden rest with employers. Employees also have a
responsibility to assist employers in preventing discrimination and unfair practices by
reporting instances which contravene equal opportunities and/or breach current
legislation. Employers cannot always oversee everything that is going on in the workplace
and employers benefit from employees who draw suspected discriminatory acts or practices
to the attention of senior staff.
The policy should strive to try and achieve a message to all
employees that the employer will not tolerate any form of discrimination in the workplace
as well as setting out procedures to be followed if anybody is found to be acting in
breach of the policy. Employers who do not have such a policy should
formulate one, however basic, to help with implementation of fair treatment in the
workplace. The policy should look to include a definition of direct and
indirect sex and marriage discrimination, victimisation and sexual harassment, the name(s)
of the employee(s) responsible and the policy should stress the obligation upon employees
to act in accordance with the policy.
Employers and employees/job applicants should be aware of the importance of consistency
for selection, training, promotion, redundancy, etc. Recommendations would include
employers not assuming that only men or women would be able to perform certain types of
work. Further, that any requirements for a specific job which would inhibit applications
from one sex would need to be justified on grounds other than sex.
Therefore, job applicants should be wary of application forms, advertisements or job
interviews where the offer and/or the terms are unfavourable towards a particular sex or
group of people being recruited. Employers should ensure advertisements are suitable to
attract both sexes and are not discriminatory towards any group.
Employers should be continually in pursuit of equal treatment for all its employees and
to help reach this goal, the assistance of employees would make this more attainable.
We are a firm of specialist employment solicitors that operates exclusively in all areas of employment disputes. We are able to pursue or negotiate a claim on your behalf and can provide you with representation anywhere in the United Kingdom. We are regulated by the Law Society and we combine unrivalled experience and expertise. We offer an initial free consultation and if after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged for our initial advice session. If you would like a free assessment of the merits of your case without further obligation, please contact us on 020 7408 1338.
