Employers' Equal Opportunities Policies

Most employers facing a discrimination claim would be unable to persuade an employment tribunal that they had done enough to prevent the alleged discrimination. This is the conclusion of a survey of over 1280 employers and advisers by www.hrlaw.co.uk, the online employment service by UK law firm, Fox Williams.

Most employers are relying on the fig leaf of having a written equal opportunities policy and provide little or no equal opportunities training for staff, leaving them highly exposed to discrimination claims. The hrlaw survey revealed that whilst all of the respondents had a written equal opportunities statement or policy, only 15% provided equal opportunities training to all staff and only 25% provided equal opportunities training to managers.
Helen Monson, employment specialist at Fox Williams, says:
Employers are leaving themselves unnecessarily exposed, particularly when it comes to recruitment.

An employer facing a discrimination claim has to show that it took reasonably practicable steps to prevent the alleged discrimination. Unless it can show that it has provided equal opportunities training at least at management level, its chances of successfully defending a discrimination claim are very limited.

The sex, race and disability discrimination codes of practice specifically recommend equal opportunities training for managers, yet most employers appear to be ignoring it.

The survey also revealed that:
* All respondents had an equal opportunities statement or policy.
* None of the respondents had noticed any improvement in recruitment and retention rates as a result of having an equal opportunities policy; this is perhaps because without training an equal opportunities policy is largely ineffective.
* Only 12.5% of respondents with equal opportunities policies had noticed an improvement in their internal or external reputation.
* 87.5% of respondents have formal procedures in their equal opportunities policies and allow complaints to be kept confidential.
* 75% of employers allow employees to raise a complaint with someone other than their line manager, such as HR or another member of management at an equivalent or more senior level.

Monson added:
We were surprised respondents felt that there had been no improvement in recruitment and retention rates or in their external and internal reputation as a result of having an equal opportunities policy or statement. This is perhaps because, without equal opportunities training, an equal opportunities policy is largely ineffective.