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How to Identify discrimination in the workplace

Simmons Jack
Blog6 - How to Identify discrimination in the workplace

The Equality Act 2010

If you are being discriminated against at work, you may have cause to take it up with the employment tribunal as there is a law against it.  This law is called “The Equality Act 2010” and it states that anyone being mistreated at work due to who they may be justified to take up legal action against it.

How to identify discrimination in the workplace

#1           To fall into the criteria of unlawful discrimination at work if it is being carried out by certain people such as:

  • Employment agents and or their staff
  • Employers
  • Employees (work colleagues)
  • Temporary employers

#2           Unlawful discrimination at work means being treated unfairly because of one or more of the following:

  • A disability
  • Your gender
  • Your sexual orientation
  • Your age
  • Gender reassignment
  • Belief or religion affiliation
  • Maternity and or pregnancy
  • Race

#3           How are you being unfairly treated?

  • Direct discrimination
    You are treated differently because of who you are, someone you may know or because of who others assume you are
  • Indirect discrimination
    When you and or others alike are put at a disadvantage due to a law, rule or policy
  • Harassment
    Any treatment that may be deemed as offensive, humiliating, aggressive, or distressing.
  • Disabled discrimination
    You are being treated poorly, excluded, or humiliated due to a disability or does not make what is known as “reasonable adjustments”
  • Victimization
    You are being treated badly due to making a complaint or demand or having been thought to have done so.

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The next step

Once you have all your evidence, your employee contract, staff handbooks, policies, etc.  you seek out help from the Citizens Advice Bureau or one of the other agencies that can help and advise you on your potential claim.

Remember the more information and evidence you can gather to take with you and documented timeline of the events, the more the agency will be able to help.

It is handy to keep a diary and as much detail of the events as possible.  Keep all text messages, and voicemails and or emails.  If things

Conclusion

Everyone has the right to fair and equal opportunities, especially in the workplace.  You should be taken for your abilities to do the job and not who you are.  For instance, a man and woman doing the same job should be afforded the same salaries, promotion opportunities, etc.  In the workplace, career advancement should be based on a person’s capability and not who they are.

The best advice on dealing with discrimination in the workplace

Simmons Jack
Blog5 - The best advice on dealing with discrimination in the workplace

Problems at work

There are a few ways a person can try and solve any problems they are having at work.  How a person does it depends on the nature of the problem.  It can also depend a lot on how your employer reacts to the problem and or how they may have dealt with any similar problems in the past

Ways to deal with a problem in the workplace

#1           Citizens Advice Center
Your nearest citizens advice centre will be able to best advise you on the seriousness of your problem.  They may even be able to help with the mediation of the problem.  The tips below were kindly provided by Glasgow Family Lawyers 

  • Your contract of employment from the company you are working for and logging the complaint against.
  • And or a copy of the company in questions work policy, procedures and ethics
  • Any correspondence is it emails, text messages, etc. that pertain to your complaint.

think - The best advice on dealing with discrimination in the workplace

#2           Think before you speak
Before going to talk to your employer about the incident take down some notes on:

  • Exactly what it is you are unhappy with
  • The date(s) and or time(s) it has happened
  • Conversations that happened
  • Bring proof of any conversations in forms of text, emails, etc.
  • Think about what you would like to see done about the problem
  • Speak to other employees and find out if anyone else has had similar or the same problems and how it was dealt with.

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#3           Meeting with your employer to discuss the problem
It is always best to first speak to HR is possible about your problem before approaching your manager or director. It is always best to have HR with you whenever there is an employee dispute.  If you feel more comfortable you can take another employee with your or someone close to witnessing your complaint and the reactions of the company representatives.
Always have the proof of your claims with you but ensure they are mostly copies and that you always keep the originals of any documents.
You can even write a letter with your grievance to your boss before requesting a meeting.

#4           Filing a grievance
If you are still not getting the action or response you were looking for then you can file a grievance.  Most corporate companies have procedures for these, if not you can seek the advice of your nearest citizens advice centre.

Conclusion

If you cannot come to any settlement or agreement the next step will be to go the route of early conciliation or an employment tribunal.

Some facts for citizens about the process and procedures of employment tribunals

Simmons Jack
Blog4 - Some facts for citizens about the process and procedures of employment tribunals

Employment tribunals

There is a lot of uncertainty that goes through a person when they feel they are being discriminated against.  When you think about it discrimination is a form of abuse and as such a person’s natural response to it goes from thinking they were to blame, to feeling a form of shame and then or anger against their abuser.  A lot of people will just carry on taking the abuse for various reasons, one of which is that they do not really understand the process of the employment tribunal.

Here are some facts about employment tribunals to help get a better understanding of the process

  • What employment tribunals do
    The employment tribunals are there to mediate employment disputes.
    Cases of unfair dismissals, discrimination and redundancy are all heard in the employment tribunals.
  • Determining if you are eligible to make a claim to an employment tribunal
    Your problem must meet certain criteria in order for it to be able to be eligible for the employment tribunal.
    A dispute with your employer that you feel needs to be taken further is called a claim.
    It is best before logging your claim to seek some advice from various agencies that can help you on your legal rights before logging the claim
  • Acas should be your first step before logging the claim
    The first step anyone who wants to log a complaint should take is to call the Advisory, Conciliation and Arbitration Services or Acas.
    They will start what is called an early conciliation.
    If this fails or you feel strongly that your claim should get to the tribunal a legal advisor will be able to assess the strength of your claim to see if it meets the criteria for the employment tribunal.
  • Fees
    There are no fees for making a tribunal claim. Anyone who has paid fees in the past can find out if they are eligible to claim them back at the Citizens Advice website.  The only other costs a person may incur is if they need to pay a legal counsel and it is only a very slim chance anyone would have to pay for the employer’s legal fees.  An employer does have the right to bring a counterclaim against you should the complaint be about a breach of contract.
  • The tribunal
    These are usually held in a tribunal room where there is a panel of three members of the tribunal called the tribunal panel. They will hear and decide on your case, they consist of a judge, a representative for the employer and a representative for the employee.These hearings are open to the public if you want to see what they are like.  They are much like court proceedings just not as formal.  The evidence is still taken on an oath and formalities are still in place about who speaks, etc.
  • Should you wish to withdraw your claim
    You are entitled to withdraw the claim should you feel your job is threatened or you have been advised to do so by your legal counsel.This can be done in writing to the tribunal, be careful with the timing of cancelling the tribunal as if the case has gone too far you could end up having to pay for your employer’s legal costs.

Conclusion

A lot of the time Acas can come to a settlement and end the dispute without your case having to go as far as the tribunal.

The technicalities of making an employment discrimination complaint

Simmons Jack
Blog3 - The technicalities of making an employment discrimination complaint

Logging a discrimination claim

If you feel that you have grounds to log a discrimination claim you should not wait too long after the event to do so.  As it must be logged at an employment tribunal court it has to be within a certain time frame after the discrimination act.

The logging of the claim of employment discrimination

  • Any discrimination claims must be lodged with the Employment Tribunal within three months from the date of the act. For example, if you got dismissed unfairly today you have three months minus today in which to log the claim with the Employment Tribunal.
  • If you are continually being discriminated against your time frame may fluctuate, in this case, it is best to contact the EASS as their helpline will be able to best advise you on the way forward with. The bouts of discrimination, in this case, will be hard to pin down and determine so it is advisable to seek the aid of professional.  They will help you with all the advice and information you will need to get your claim logged without much fuss.
  • In some cases, if the Tribunal finds the case to be “equitable and just” they may well extend the time to log the case.
  • EASS will help you with general advice on logging your claim, how to fill in the claim form and where to get/find a claim form for your case.
  • Forms can also be found on the Employment Tribunals Website and the form is the ET1 which can be downloaded or completed online. You will also find a complete guide for the site.

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The logging of a discrimination claim that is not about employment

  • If you feel you have been discriminated against in any other area such as the buying of goods or acquiring of services these claims are usually dealt with by the various Courts.
    • Scotland these are dealt with by the Sheriff Court
    • In England and Wales, these are done by the County Court
  • Information for these courts can be found on the relevant websites:

Conclusion

Discrimination should not be taken lightly and if you feel you are a being discriminated against the EASS is there to help you.  There is also the ACAS and the Employment Tribunal Service that have useful links and associations.

EOR highlights the top 5 companies for diversity in 2018

Simmons Jack
Blog2 - EOR highlights the top 5 companies for diversity in 2018

Companies striving to be all inclusive

The best workplaces are tallied by the employees who work there.  The employee’s experiences are done through anonymous surveys to rate their employers.
The diverse groups are identified as the racial minority, LGBT, aged 54 or above, disabled and female.  The number of people per group at the workplace is also considered.

Top 5 best companies for diversity in 2018

fab - EOR highlights the top 5 companies for diversity in 2018

#1 Facebook

Facebook ranks as the best place to work for.The worlds largest and leading social media network provider gives employees a feeling of all-round empowerment and has great reward offerings for all staff member no matter their employment level, race, gender, sexual orientation, disability, etc. Nearlyall their employees, worldwide, say that there is no place they would rather be working at.

#2 Bain & Company
A top global management consulting firm that ensures their staff are always motivated, challenged and feel like they are number one.
Most of the employees say that the people they work with are one of the top reasons they love going to work each day.

#3 Boston Consulting Group
Boston consulting group is another global management group that has a lot of employee incentives, diversity policies and standards.  The employees all rate it a first-class employer with no prejudices to anyone.

inout - EOR highlights the top 5 companies for diversity in 2018

#4 In-N-Out Burger
This chain of fast food restaurants ranks high with its employees as they tend to mix people with like-minded people to work with.  They have extremely great benefits, rewards programs and offer a free daily meal.

#5  Google
The largest global search engine comes in as the worlds number five best places to work. They have a great management team, all staff are offered great perks such as food, discounts, travel, etc.
The people are all stimulating individuals who work great as a team.

Conclusion

Choosing the correct place to work is not always an option for some people.  But it is your right to have a safe comfortable working environment.  There are companies and organizations to help you if you feel you are not being treated justly.

The importance of creating an inclusive workplace

Simmons Jack
Blog1 - The importance of creating an inclusive workplace

What is an inclusive workplace?

It is a workplace that everyone feels comfortable enough to be themselves and feel safe in doing so.  Creating such a workplace should be a priority for every employer.

Importance of an inclusive workplace

Creating a diverse workforce is a challenge for any company due to cultural and traditional differences.
But it is necessary for a company to thrive as a diverse workforce brings unique perspectives and fresh new ideas.

img1 - The importance of creating an inclusive workplace

Research has shown that employees who feel appreciated and included tend to be more innovative as they get actively involved.  They also become better team players and tend to help support their fellow team members as they strive for a common goal.

It is important for a company to have an open an all-inclusive workplace if they are going to hire and retain top forming employees.

Creating an inclusive workplace

  • Make leaders accountable for developing inclusion and diversity
    Management/leaders should be held accountable for making sure their inclusion and diversity goals are met. Over forty percent of companies fail to do this and to increase their inclusion averages companies should recognize those leaders that do and ensure their examples are carried through to the rest of the leaders.
  • Educating employees by providing training
    Education employees on the importance of an inclusive workplace is a key benefit. Various workshops and team building exercises make employees interact with each other and learn to work together as teams.
  • Ensure all programs and processes in the organization embrace inclusion and diversity
    A lot of companies policies do not go into all levels of inclusion. For instance, single mothers, a lot of them feel left out especially when a lot of managers have expense accounts, travel is reimbursed.  Most companies these days will pay for an Uber to take staff home after a function.  But what about a parent?  They are excluded, for instance, the staff are invited out for a work rewards dinner.  The single parent does not feel like it is such a reward for them as that night ends up costing them anywhere around $60 – $150.  They must pay for a sitter, feed the sitter and usually pay for the sitter’s trip home.  So, policies should include some compensation for return to work parents.

img2 - The importance of creating an inclusive workplace

Conclusion

If your company values diversity it needs to have firm policies in place with effective strategies.