Equal Opportunities - The Myth and The Reality
Employment Lawyers collect workplace myths and one of the most common myths is that there exists somewhere an Equal Opportunities Law. It appears to be widely assumed that employers are under a general obligation to follow recruitment processes in accordance with certain equal opportunities standards and are under a general duty to promote equal opportunities at work. This is not true. The only relevant legislation currently on the statute books is the Race Relations Act, Sex Discrimination Act and Disability Discrimination Act. This legislation relating to sex, race and disability will be joined over the future period by anti-discrimination legislation relating to sexual orientation, religion or belief and age discrimination. However, none of these statutes put employers under a strict obligation to adopt and apply an equal opportunities policy.
The real importance of an equal opportunities policy arises from the legal risk to business associated with the doctrine of vicarious liability. The doctrine of vicarious liability says, amongst other things, that employers are generally liable for anything done by their employees to other employees. This means that if one of your employees sexually harasses or racially abuses another employee then this will end up being your responsibility as the employer. The claim for sex or race discrimination will be made against the business whether or not the employer approved of the discriminatory behaviour or even knew about it!
The only way out of vicarious liability is for the business to show that they took reasonable steps to prevent the discrimination occurring. This relates to policy measures that were in place prior to the discrimination occurring. As a minimum standard, the Employment Tribunal will require that the employer has adopted an equal opportunities policy and has properly applied this policy in practice. If the employer can show that there is a properly enforced rigorous equal opportunities policy that has been clearly communicated to all employees then they can escape liability for acts of discrimination carried out by one employee against another employee. In practical terms, this will often mean that employers can escape responsibility (and substantial compensation) for sexual harassment, racial harassment or harassment on grounds of disability.
It is important to appreciate that it is not enough simply for an employer to adopt a formal equal opportunities policy. The policy needs to be properly drafted and relevant to the organisation, it needs to be communicated to all employees in an appropriate way and managers need to receive some training on the implementation of the policy.
For further information and advice on the significance of equal opportunities policies and the adoption of equal opportunities policies then contact Paul Archer at Lemon & Co Solicitors on 01793 527141.
Note: This article gives a general overview only and cannot be relied upon in any particular case. It does not constitute legal advice. Specific legal advice must always be considered.
For further information contact Paul Archer or Helen Climance at Lemon & Co, Solicitors on 01793 527141 alternatively by email on paul.archer@lemon-co.co.uk or Helen.Climance@lemon-co.co.uk
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<p><strong><a href="http://www.lemon-co.co.uk/article_equal-opportunities.php">Equal Opportunities - The Myth and The Reality </a></strong><br />
It appears to be widely assumed that employers are under a general obligation to follow recruitment processes in accordance with certain equal opportunities standards and are under a general duty to promote equal opportunities at work. This is not true...</p>