Many areas of company policy are impacted by the latest discrimination laws, says Steve Crabb
In my last column, I looked at some of the implications for employers and managers of the new regulations forbidding discrimination on the grounds of religious belief [The Grocer, November 15, p68]. In this issue I’m going to look at the other ‘ism’ that was banned at the start of this month, discriminating against people because of their sexual orientation.
It’s hard enough keeping on top of new employment regulations if you work for a major company with in-house specialists and the best legal advice money can buy. If you run a SME, it can be a nightmare. A consultancy called Human and Legal Resources was set up specifically to address this problem; it publishes off-the-shelf company policies on every subject under the sun, which are legally watertight and can easily be customised to suit your organisation’s circumstances whether you are a micro-business or the Royal Palaces (one of their clients, as it happens).
Derek Kemp, who heads up Human and Legal Resources, believes most employers in the grocery industry should have few problems coping with the new regulations. “It’s a case of the law catching up with common sense.”
The one thing an employer should review straight away, according to Kemp, is its policy on providing benefits (such as healthcare) to partners, to ensure there isn’t any discrimination against same-sex partners, for example. It will be perfectly legal to limit these benefits to husbands and wives, rather than ‘significant others’, though.
Caroline Carter, of employment law specialist Ashurst, has produced a legal checklist on the new regulations which you can check out and she points out a number of danger areas under the new regulations.
The first is where the new rights on religious belief come into conflict with the new rights on sexual orientation, for example where someone with strong religious beliefs feels they are entitled to criticise the lifestyle of gay or lesbian colleagues. There was a perfect illustration of this clash in this summer’s ‘Teen Big Brother’ series, although I’m probably the only reader of this column who actually watched that programme!
Carter suggests that an outright ban on discussing religious belief or sexual orientation in the workplace, while legal, would be an over-reaction. Instead, “reminding staff that they can be personally liable if they unlawfully discriminate against workplace colleagues should help focus their minds on whether they wish to make particular comments”.
She also urges employers to rethink their interview questions (do you ask candidates about their marital status?) and the data you collect on employees which could be sensitive (do you ask for details of their next-of-kin?).
It’s important to note that the regulations don’t just protect people who are discriminated against on the grounds of their actual sexual orientation, they also protect people who suffer because of their perceived sexual orientation, whether or not that perception is correct. And they apply to former employees, when they apply for a reference, for example.
The new regulations should provide a timely reminder to employers to review whether their employment policies are unintentionally discriminating against a substantial section of the workforce, or worse, whether they are permitting employees to be discriminated against, victimised or harassed.
The financial penalties for those who carry on regardless are unlimited.
n Steve Crabb is editor of People Management
In my last column, I looked at some of the implications for employers and managers of the new regulations forbidding discrimination on the grounds of religious belief [The Grocer, November 15, p68]. In this issue I’m going to look at the other ‘ism’ that was banned at the start of this month, discriminating against people because of their sexual orientation.
It’s hard enough keeping on top of new employment regulations if you work for a major company with in-house specialists and the best legal advice money can buy. If you run a SME, it can be a nightmare. A consultancy called Human and Legal Resources was set up specifically to address this problem; it publishes off-the-shelf company policies on every subject under the sun, which are legally watertight and can easily be customised to suit your organisation’s circumstances whether you are a micro-business or the Royal Palaces (one of their clients, as it happens).
Derek Kemp, who heads up Human and Legal Resources, believes most employers in the grocery industry should have few problems coping with the new regulations. “It’s a case of the law catching up with common sense.”
The one thing an employer should review straight away, according to Kemp, is its policy on providing benefits (such as healthcare) to partners, to ensure there isn’t any discrimination against same-sex partners, for example. It will be perfectly legal to limit these benefits to husbands and wives, rather than ‘significant others’, though.
Caroline Carter, of employment law specialist Ashurst, has produced a legal checklist on the new regulations which you can check out and she points out a number of danger areas under the new regulations.
The first is where the new rights on religious belief come into conflict with the new rights on sexual orientation, for example where someone with strong religious beliefs feels they are entitled to criticise the lifestyle of gay or lesbian colleagues. There was a perfect illustration of this clash in this summer’s ‘Teen Big Brother’ series, although I’m probably the only reader of this column who actually watched that programme!
Carter suggests that an outright ban on discussing religious belief or sexual orientation in the workplace, while legal, would be an over-reaction. Instead, “reminding staff that they can be personally liable if they unlawfully discriminate against workplace colleagues should help focus their minds on whether they wish to make particular comments”.
She also urges employers to rethink their interview questions (do you ask candidates about their marital status?) and the data you collect on employees which could be sensitive (do you ask for details of their next-of-kin?).
It’s important to note that the regulations don’t just protect people who are discriminated against on the grounds of their actual sexual orientation, they also protect people who suffer because of their perceived sexual orientation, whether or not that perception is correct. And they apply to former employees, when they apply for a reference, for example.
The new regulations should provide a timely reminder to employers to review whether their employment policies are unintentionally discriminating against a substantial section of the workforce, or worse, whether they are permitting employees to be discriminated against, victimised or harassed.
The financial penalties for those who carry on regardless are unlimited.
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