Gender Discrimination in the Workplace

In our latest guest blog. Rob Maddocks from Bermans has written a compelling piece of content, discussing gender discrimination in the workplace. 

The rise of the #MeToo movement and the (lack of) equal pay are unfortunately still dominating the agenda in employment law. It highlights the reality that sex discrimination in the workplace still occurs on a daily basis, sometimes in the form of unconscious bias.

We set out practical steps an employer can take to reduce sex discrimination from happening and dealing with related complaints. These points are a starting point in addressing such circumstances:

1.    Have an equal opportunities and anti-harassment policies in place. Ideally, these should be part of a company handbook and should be clear, easy to read and accessible.

2.    Communicate to staff that you will adopt an absolute zero tolerance approach towards sex discrimination.

3.    Train managers in dealing with sex discrimination complaints and to also identify circumstances that could lead to complaints, and where unconscious bias maybe a causative factor. Managers should have the skills needed to deal effectively with such complaints. 

4.    Have an open-door policy for staff who are affected and need to make a complaint and be open and transparent in any investigations.

5.    When a complaint is received, act immediately. Speak to the complainant and the alleged discriminator and minimise contact between them. An employer may look to; changing working hours, redeployment or suspension. Set out the need for confidentiality during any investigation.

The employer should keep written record of all incidents, meetings, investigations and of steps taken in responding to a complaint.

The employer should also take legal advice before action is taken and the investigation should be concluded as early as possible.