How can I encourage diversity and inclusion in the workplace?

A recent decision by the European Court of Justice (ECJ) regarding banning religious and other symbols of belief in the workplace has been criticised as a “blow to inclusion” and “opening a backdoor to prejudice.” However, many employers now recognise the positive effects diversity can have for their business such as greater innovation, improved financial performance, and increased employee morale and collaboration. Our Employment Law team here reviews the ECJ decision before discussing various methods employers can use to encourage diversity and inclusion in their workplace.

Case update on banning religious symbols

The ECJ recently found that a policy of neutrality banning employees from wearing any visible political, religious or philosophical symbols in the workplace may be justified where:

• There is a genuine need for such a policy, taking into account the rights and legitimate wishes of customers and service users;
• The policy is appropriate and necessary to achieve the aim;
• The policy is applied consistently to all visible signs of political, philosophical, or religious beliefs, not just those that are large and conspicuous.

While this decision is not binding in the UK, UK courts and tribunals may have regard to it when hearing discrimination claims. However, following guidance issued by the Equality and Human Rights Commission, it is unlikely that a UK tribunal would ever find that “demonstrating neutrality” is a legitimate aim capable of justifying a ban on all visible religious symbols in the workplace. UK employers should therefore not rely too heavily on this case, and may instead wish to make their workplace more diverse and inclusive.

Why should my business have a diversity and inclusion policy?

Your business should have a comprehensive diversity and inclusion policy in place. This policy should include a statement outlining your commitment to diversity and make it clear that discrimination of any form will not be tolerated. The policy should also include the procedure that will be followed where there is an alleged act of discrimination and outline what action the organisation will take against an employee who is found to have committed an act of discrimination.

Diversity in recruitment procedures

If your business is struggling to hire a diverse workforce, you should re-evaluate your recruitment process and consider the following suggestions:

• Pay closer attention to the type of applicants your organisation attracts; if they tend to come from a homogenous group, you may need to change how you advertise roles to ensure you reach a wider cross-section of society.
• Include a diversity and inclusion statement in each vacancy advertisement and state that you welcome applications from people from all different backgrounds to encourage potential applicants who may be hesitant.
• Review your selection criteria to ensure that it is objective and directly relevant to the role. Where you require a specific qualification or experience, consider whether applicants could meet the requirements of the position in a different way.
• When it comes time to conduct interviews, try and appoint a diverse interview panel or selection committee. Interview questions should be directly relevant to the role and not about the candidate’s personal circumstances as these may lead to unconscious biases about their ability and suitability for the position.  

Diversity and Inclusion Training

Having a policy is only the first step in providing a diverse and inclusive workplace for your employees.  Providing anti-discrimination and unconscious bias training to your staff can help establish a workplace culture where everyone is responsible for fostering diversity and inclusion. Unconscious bias training may help individuals identify their own implicit biases and understand how these can influence decisions regarding recruitment and promotions. The expectation is that by making people more aware of their implicit biases, such training will reduce the impact those biases have on individuals’ attitudes and actions. Regular, high quality training can also provide a defence to discrimination claims brought by the discriminatory actions of other employees.

Support Networks for employees

Another strategy some larger employers may try is to support the creation of employee networks. Employee networks allow employees with a common identity (for example LGBTQ+, or members of a certain religion) to come together to share their experiences, discuss common issues, and support each other’s professional and personal development. Through these networks younger employees can also gain access to mentors, helping them to build skills and advance in the company.  Employee networks can also help employers gain a deeper understanding of the issues certain employee groups face, and can advise on possible solutions.

Data and monitoring of employees

Collecting and monitoring employee data regarding characteristics such as race, gender, and disability can tell you which groups of people are underrepresented in your workplace. Once you have this data, you can set diversity targets (not quotas) and use the data to help guide your decision-making and continue to monitor diversity levels annually to see if any of the measures you’ve adopted have had the desired effect. You will need to ensure that employees are aware of why you are collecting this data, and that the data is collected and processed in accordance with the UK GDPR and Data Protection Act 2018.

Increasing diversity in your workplace is a prolonged commitment and it will take time for change to be realised, but employers who put in the effort and resources will reap the benefits that a diverse workforce offers. Our upcoming HR Hangouts, detailed below, will discuss why this is such a vital topic for employers and will provide you with practical steps to move forwards in this regard.  Alternatively to discuss training for your managers or amending your policies, you can contact us today on 023 8071 7717 or email employment@warnergoodman.co.uk.

• HR Hangout - Creating a Diversity and Inclusion Agenda
• HR Hangout - How to include Diversity and Inclusion - A Practical Session

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ENDS

This is for information purposes only and is no substitute for, and should not be interpreted as, legal advice.  All content was correct at the time of publishing and we cannot be held responsible for any changes that may invalidate this article.