Following the UK’s decision to leave the EU there has been an increase in the number of reported race hate incidents, including in the workplace. This has prompted the Equality and Human Rights Commission, in partnership with a number of other organisations including ACAS, to write an open letter to employers outlining practical guidance on how to support employees who may be subject to race hate or other types of discrimination. The letter can be found here.

A related consideration is that employers can be liable for an act of discrimination committed by an employee in the course of their employment. It is a defence for an employer to show that it took “all reasonable steps” to prevent an employee from doing the particular act of discrimination or anything of that description. “All reasonable steps” is a fairly high threshold to meet. Existence of a policy will not be sufficient and it is essential that employers take practical steps to implement it. 

This is a timely reminder to employers of some key steps which should help to manage any discrimination issues in the workplace and will also support any “reasonable steps” defence:

1. Provide all staff with a policy or written statement outlining the organisation’s policy on discrimination including the types of conduct which constitute discrimination.
2. Provide all staff, in particular managers, with adequate and regular training on equality and diversity to enable them to recognise discrimination and take action.
3. Ensure there is a clear and accessible procedure for staff to report potential acts of discrimination, for example through helplines or nominated advisers.
4. Take consistent disciplinary action against employees who have discriminated against others.
5. Keep policies under review and audit their effectiveness regularly.