Equality & Diversity Training: Why Employers Should Prioritise It In 2023

A New Year's Resolution to give your management and HR personnel Equality & Diversity training? Alex Millward, Senior Chartered Legal Executive at BRIDGE, explains why employers should consider it.

It's the time of year when many of us set New Year's Resolutions at work. Some of these resolutions fall by the wayside. But if there is to be just one Resolution that employers and HR professionals should keep, I recommend it is up-to-date training on Equality & Diversity law.

Why is Equality & Diversity LAW important?

Ensuring equality and diversity in the workplace is not just a morally good thing to do, it is a legal requirement.

The Equality Act 2010 sets out a number of ways an individual could be discriminated against, for example, but not exhaustively, directly, indirectly, harassment and victimisation.

The Equality Act 2010 ensures that both the:

• Individual employee alleged to have carried out the discriminatory behaviour may be personally liable and therefore may be taken to Tribunal; and
• the employer is liable too, through vicarious liability;
• But, an employer can rely upon a statutory defence to avoid liability where it can show it has taken ‘reasonable steps’ to prevent the discrimination i.e. the employee who committed the acts went way outside of what the employer could be liable for.  
  
  

Employers can avoid liability in some cases: how?

This means employers may find themselves on the hook for the actions of an employee and/or their own policies, procedures and decisions BUT where the employer has provided high quality and regular training the employer may be able to rely on that to demonstrate they took all reasonable steps and thus, to pass liability onto the employee who committed the discriminatory acts.  

It is important, therefore, to ensure that your organisation as a whole and those within your organisation go through equality and diversity training to avoid time-consuming, costly and sometimes very upsetting discrimination claims.

Further advantages of Equality and Diversity Law training

Such training is also in some sectors mandatory too. However, it is not just claims that can have a detrimental impact on an organisation. In a recent survey, it has been found that 68% of workers would consider looking elsewhere for work if their employer did not have a diversity, equity and inclusion policy. Therefore, even if you managed to avoid the discrimination claims, there is still a risk of either losing staff (incurring the trials and tribulations of replacing them) and/or not being able to recruit them in the first place. Both of which can be costly in a number of ways, such as time-consuming, monetary and affecting your competitive edge.

How to make Equality and Diversity IN THE WORKPLACE A new year's resolution?

There are a number of ways employers and HR personnel can resolve to improve the equality and diversity culture in their workplace: 

1. Undertake Equality and Diversity Law training. Genuine, repeated and updated regular training is essential to ensuring that the values and rules of your equality and diversity policy are embedded within your organisation.
   Our Specialist, Legal 500 Solicitors are delivering a training session on Equality and Diversity Law on the 9th of February 2023 in York. Find out more and book here.
   
   
2. Have a policy. This can clearly set out your organisation’s stance on the subject and ensure that managers follow the right steps and they are applied fairly. If you already have such a policy, ensure it is updated regularly, available to all staff and dovetails into your other policies. For example, if you have a capability policy, ensure it discusses performance affected by disability.
   
   
3. Consider implementing pay equity reviews. These can reach beyond the gender pay gap reporting and/or you may wish to implement them, even if not legally required to do so.
   
   
4. Treat all people with dignity and respect, at all levels and at all times. An obvious one, I appreciate, but not one I see crop up when reading about equality & diversity. It seems odd to me that the end goal and the simplest and most effective approach don’t get a mention.

Book Equality and Diversity Training for your managers and HR personnel 

Our Specialist, Legal 500 Solicitors are delivering a training session on Equality and Diversity Law on the 9th of February 2023 in York. The training provides a practical and legal framework for Managers & HR Managers including templates 

The training covers:

• Who is protected by the Equality Act 2010 and who is not?
• What are the protected characteristics (PC)?
• What types of discrimination apply to each PC?
• What are the extent and legal limitations of employer liabilities and how to reduce risks?
• Taking positive action to address inequality the law and limitations.
• ‘Banter’ and legal protections.
• Tops on how to handle discrimination complaints.

Find out more and book here