Following Avensure’s interactive client training webinar on ‘Avoiding Discrimination in the Workplace, ‘ we share some of the questions put forward by our clients who attended that webinar, as well as provide an introduction to workplace discrimination.
The Equality Act 2010 protected characteristics law stipulates that it is unlawful to discriminate against anyone in the UK for any of the following reasons:
Your Questions Answered:
Time off to care for dependents is a statutory right. It is usually unpaid, but staff should not be disadvantaged by being required to take time off for this reason.
It is fine to ask someone who requires time off at short notice why they need it. Still, employers will need to be as accommodating as possible because not only do employees in these circumstances have an entitlement to time off for dependents, but if they were mistreated or subjected to detriment at work due to time off to care for a disabled child, they may be entitled to bring a workplace discrimination claim against their employer for discrimination by association.
The law now also provides the day-one right to carer’s leave for all employees, which gives employees the right to take time off to carry out their responsibilities as carers. See our article on carer’s leave here.
Employers shouldn’t inquire about a candidate’s medical history prior to making a job offer, nor should candidates be quizzed about their domestic arrangements, childcare, and so on.
However, if a candidate volunteers this information at the recruitment screening stage, note it in case adjustments are required after a job offer is made. Employers should not use that information to select a candidate for the role (except in the rare circumstances under question 5).
If an employee were turned down for a role due to them declaring at the interview that they have a disability or have recently had a child, this would amount to an act of employment discrimination, the tribunal awards for which could prove very costly.
Always recruit on merit to avoid the risk of workplace discrimination claims!
It depends on the type of job offer. There are conditional job offers, which are conditional upon specific criteria being met, such as satisfactory references or pre-employment checks. Usually, these job offers carry a TBC start date.
If a job offer is conditional upon receiving good references and a poor one is received, it may be permissible to withdraw the offer.
Where a job offer is unconditional , or the person has commenced employment, withdrawing a job offer could lead to the risk of a workplace discrimination claim. These claims may be brought through the civil courts for damages arising from the withdrawal of the job offer.
However, a job offer should never be withdrawn due to a discriminatory reason. For example, if an employment reference discloses a high absence that may have been linked to disability or pregnancy, withdrawing that offer could result in a workplace discrimination claim before an employment tribunal.
Before withdrawing a job offer, advice should always be sought from Avensure. For more information, please see our previous article on withdrawing job offers here.
From the wording of job advertisements to where they are placed, care needs to be taken to avoid allegations of discrimination. Consider the following:
In this case, if it’s a graduate entry-level position where a degree is a requirement of the role, it is fine to advertise for graduates.
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