The Government-appointed “Inclusion at Work Panel” has published its report on improving workplace diversity and inclusion. Employers reported to the Panel that diversity and inclusion (D&I) was a complex and sometimes sensitive workplace agenda, with competing definitions and unclear evidence. In particular, employers reported concerns that issues of freedom of speech or expression affect D&I discussions in the workplace. They also mentioned fear of legal action, conflicting or unclear HR policies and that bullying, harassment and discrimination were becoming “weaponised” in employment grievances.
The Panel concluded that a principles-based D&I framework would suit the needs of most employers, and should embed these six key guiding principles:
- meaningfully diverse workplaces are desirable and beneficial;
- visible diversity alone does not automatically make an organisation meaningfully diverse or inclusive;
- diversity and inclusion (and equity) decisions are rarely impartial – concerted efforts should be made to mitigate the impact of ideological biases;
- the impact evidence on D&I is mixed and often inconclusive – initiatives grounded in robust evidence should take primacy and employers should be open to learning and change; and
- D&I activities should be cost effective – employers have a responsibility to use money dedicated to D&I in a way that demonstrably achieves intended outcomes.
Ultimately, the Panel made three key recommendations to Government:
- The Government should endorse a new D&I framework which sets out the criteria employers might apply to their diversity and inclusion practice to embed effectiveness and value for money. The proposed framework should be based on the six principles discussed above and focus on helping employers embed evidence-informed practices and adopt sophisticated recruitment and retainment practices.
- The Government should fund, and work with, a research partner to develop a digital tool which allows leaders and managers to assess the rigour, efficacy and value for money of a range of D&I practices.
- The Equality and Human Rights Commission should explain and clarify the implications of recent legal rulings for HR policies and staff networks. In particular, guidance should make clear an employer’s legal duties and responsibilities relating to the protected characteristic of belief and set out guiding principles to help employers manage situations where conflicts of belief arise. The Government has yet to confirm whether these recommendations will be taken forward.
Source: Lexology
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.