Pride Month serves as a reminder of the ongoing fight for LGBTQ+ equality and acceptance
If employers were hoping that the issues of diversity and inclusion were just a passing storm to be weathered, they would be very wrong. Societal and legal pressures are coming together as employees demand change.
Research into Google’s online search habits shows consistency in growth across diversity and inclusion issues in the workplace over the last three years.
Searches online for ‘gender pronouns in the workplace’ has risen by 500% over the past three years (April 2020 – April 2022). It remains unclear if this is employers finding out what they need to do to be supportive in the workplace or employees trying to find out their rights.
Further data showed a significant increase in searches for ‘unconscious bias at work’ of 58% in the same period. Interestingly, it also revealed a noticeable spike in March 2022, coinciding with International Women’s Day, where this year’s theme surrounded ‘breaking the bias’. March continues to be a prominent month for diversity and inclusion related searches as organisations endeavoured to compile their mandatory Gender Pay Gap reports in line with Government reporting deadlines.
Most alarmingly, the findings revealed that several types of discrimination continued to fuel search results in the same period. It found that ‘bullying, harassment and discrimination at work’ searches grew dramatically by three-fifths (62.5%), ‘disability discrimination at work’ searches increased by half (51.25%), ‘racial discrimination at work’ searches rose by 40.3%, and ‘age discrimination at work’ searches grew by almost a third (30.6%). Definitely not a passing storm.
Interestingly, this same pattern is also reflected when looking at Employee Tribunal Data. WorkNest, an employment law and HR advisory firm, revealed that nearly half of the Employment Tribunal Claims they received during Jan 2019 – Dec 2021 included some form of discrimination. Disability was the protected characteristic most relied upon by Claimants during this period.
This same period saw an almost one-fifth growth (17.9%) in disability-related discrimination claims, a 52% surge in sex-related discrimination claims, and over a quarter (27.3%) rise in discrimination claims related to race. Racial discrimination claims also saw a considerable spike during 2020, 42.9% more than in 2019.
Whilst the prevalence of Covid during this reporting period could account for a proportion of claims due to shielding requirements for many employees and their dependants requiring adjustments to their roles – it certainly does not account for it all.
Against this backdrop of growing interest and updates to equality legislation, DeltaNet International, a global compliance and performance eLearning provider, decided to launch a new diversity and inclusion collection of online training solutions. The 15 new courses released aim to help organisations improve their diversity and inclusion awareness among their employees and managers to reduce discrimination in the workplace, both in the UK and globally.
“The data reveals that discriminatory issues continue to rise in the workplace; business leaders and HR teams are responsible for tackling these issues to provide a safe and welcoming working environment for all employees to thrive in,” said Darren Hockley, Managing Director at DeltaNet International. “We believe that diversity and inclusion must be at the core of an organisation; we want to help employees and employers evolve from a compliance-based model to embracing true cultural change.”
With management and HR teams increasingly facing scrutiny for diversity and inclusion issues in the workplace, DeltaNet International’s courses allow employees and managers to understand the UK equality legislative requirements. This includes gender equality, disability inclusion in the workplace and addressing sexual harassment.
These latest training courses allow organisations to create a compliant culture and educate employees on common diversity and inclusion issues, from using the correct gender pronouns to treating disabled workers with respect. Available in various formats, including: immersive learning, detailed studies and microlearning, the eLearning courses have been developed with subject matter expertise, reinforced through the diverse range of characters and accents used by voiceover actors.
“Creating a diverse and inclusive culture starts with education to change behaviours and reduce discrimination.”
For more information on DeltaNet’s diversity and inclusion training collection, please visit: https://www.delta-net.com/equality-and-diversity/.
Ever since the 1990s, we’ve been sold the many benefits of diversity. We know that having the most diverse mix of people in our organisation makes us able to be more creative, spot opportunities and solve problems – not to mention making us more desirable as employers and boosting our public profile.
We recently analysed Ministry of Justice (MOJ) data looking at employment tribunals across the UK going back over the last 5 years. In the name of business compliance, we wanted to find out what workers are most likely to take their employer to tribunal over – and the answers may surprise you!
The number one claim was in relation to The Working Time Directive, with frazzled and disgruntled employees claiming they are forced to work excessive long hours at detriment to their health and wellbeing and in breach of the law.
Under The Working Time Directive, a UK employee may not work more than 48 hours per week (on average; usually taken over a 17-week period) unless there are mitigating circumstances.
Unfortunately, in just one year (2019/2020), 26,498 employees felt they were overworked without due cause.
Looking at the data as a whole across a 5-year period the top five claims were:
- Working Time Directive (160,299 cases)
- Equal pay (115,359 cases)
- Unauthorised deductions (formerly wages act) (114,520 cases)
- Unfair dismissal (86,009 cases)
- Breach of contract (58,415 cases)
What does this mean?
Sadly, there has been a 25% increase in the total number of claims brought against employers. A statistic that seems to imply organisations still aren’t doing enough to comply with the law and protect their employees (not to mention themselves).
If we analyse the top claims over the last 5 years in terms of percentage increase (rather than how many cases filed), the jurisdictions most in hot water were largely discrimination-based:
- Sexual orientation discrimination (up 165%)
- Disability discrimination (up 133%)
- Religion or belief discrimination (up 130%)
- Written pay statement (up 109%)
- Public interest disclosure (up 98%)
Although, there is some good news: the number of age discrimination cases has fallen by 80% over the same 5 year period and dropped by 3% in 2019/2020 compared to the previous year – a great trend to see across Britain!
Successful hearings
Naturally, not all claims filed are successful at tribunal. However, if we look closely at the number of disposed cases (completed cases) by outcome, the claim with the highest success rate was redundancy cases – where employers have failed to properly inform and consult redundant employees.
Almost half of all cases in this category are successful (48%) and affected employees are often awarded compensation in the thousands of pounds.
Further Analysis
Over the last 5 years, equal pay claims have increased by 181% and sex discrimination claims by 15%. Unauthorised deductions cases (where an employee has been unpaid or underpaid wages) increased by 114%.
It’s not all bad news though. It’s good to see that last year a third of discrimination cases related to age, disability, or pregnancy were resolved through an ACAS conciliated settlement – a process usually involving mediation and eventual agreement between employer/employee.
As ever, prioritising your employees’ wellbeing and treating them with fairness, dignity, and respect – in line with The Equality Act 2010 – is the best way to avoid employment tribunals as a business, as is following clear and transparent processes designed to treat everyone consistently.
It’s important, as business owners, to train managers and team-leaders in your organisation to handle these processes fairly and to deal with grievances in a reasonable and respectful manner, always in line with basic employment law.
Don’t neglect to regularly update employees in positions of trust with information about your statutory and contractual requirements as a business – this empowers them to speak up in everyone’s best interest.
Below you’ll find full data on the number and type of jurisdictional complaint, as well as data arranged by outcome:
Number and type of jurisdictional complaint
Total (2015/2016-2019/2020): 729,627
Age Discrimination
Total (2015/2016-2019/2020): 31,935
Year on year change: -3.41%
5 year change: -80.94%
Breach of contract
Total (2015/2016-2019/2020): 58,415
Year on year change: +3.78%
5 year change: +59.25%
Disability discrimination
Total (2015/2016-2019/2020): 27,754
Year on year change: +16.98%
5 year change: +133.26%
Equal pay
Total (2015/2016-2019/2020): 115,359
Year on year change: -11.50%
5 year change: +43.83%
National minimum wage
Total (2015/2016-2019/2020): 1,476
Year on year change: -14%
5 year change: +25.94%
Part-time workers regulations
Total (2015/2016-2019/2020): 1,543
Year on year change: +3.65%
5 year change: +45.12%
Public interest disclosure
Total (2015/2016-2019/2020): 10,465
Year on year change: +6.89%
5 year change: +98.43%
Race discrimination
Total (2015/2016-2019/2020): 14,719
Year on year change: +8.58%
5 year change: +94.66%
Redundancy – failure to inform and consult
Total (2015/2016-2019/2020): 23,329
Year on year change: +25.15%
5 year change: +73.32%
Redundancy pay
Total (2015/2016-2019/2020): 22,479
Year on year change: +18.39%
5 year change: +66.51%
Religion or belief discrimination
Total (2015/2016-2019/2020): 2,931
Year on year change: +4.12%
5 year change: +130.59%
Sex discrimination
Total (2015/2016-2019/2020): 35,363
Year on year change: -34.31%
5 year change: +15.11%
Sexual orientation discrimination
Total (2015/2016-2019/2020): 1,661
Year on year change: 8.24%
5 year change: 165.43%
Suffer a detriment / unfair dismissal – pregnancy
Total (2015/2016-2019/2020): 6,522
Year on year change: -10.61%
5 year change: +87.05%
Transfer of an undertaking – failure to inform and consult
Total (2015/2016-2019/2020): 3,624
Year on year change: -29.91%
5 year change: -11.81%
Unauthorised deductions (formerly Wages Act)
Total (2015/2016-2019/2020): 114,520
Year on year change: -0.26%
5 year change: -38.22%
Unfair dismissal
Total (2015/2016-2019/2020): 86,009
Year on year change: -1.06%
5 year change: +60.60%
Working Time Directive
Total (2015/2016-2019/2020): 160,299
Year on year change: -46.71%
5 year change: -28.02%
Written pay statement
Total (2015/2016-2019/2020): 4,145
Year on year change: -64.86%
5 year change: +109.60%
Written statement of reasons for dismissal
Total (2015/2016-2019/2020): 1,200
Year on year change: +57.40%
5 year change: 67.14%
Written statement of terms and conditions
Total (2015/2016-2019/2020): 5,879
Year on year change: -10.87%
5 year change: +23.46%
Type of jurisdiction by outcome
(ACAS Conciliated Settlements, success at hearing and unsuccessful at hearing)
Please note these are disposed (completed) cases and are not the only potential outcomes
Total (2015/2016-2019/2020): 482,741
Age discrimination
Year on year change:
ACAS Conciliated Settlements: +83.86%
Success at hearing: +59.74%
Unsuccessful at hearing: +29.39%
5 year change:
ACAS Conciliated Settlements: +10.07%
Success at hearing: -6.30%
Unsuccessful at hearing: -53.82%
Breach of contract
Year on year change:
ACAS Conciliated Settlements: -14.29%
Success at hearing: -10.21%
Unsuccessful at hearing: -15.40%
5 year change:
ACAS Conciliated Settlements: -17.52%
Success at hearing: +8.28%
Unsuccessful at hearing: -6.50%
Disability discrimination
Year on year change:
ACAS Conciliated Settlements: -9.30%
Success at hearing: +22.06%
Unsuccessful at hearing: -3.43%
5 year change:
ACAS Conciliated Settlements: -22.62%
Success at hearing: -31.24%
Unsuccessful at hearing: -30.90%
Equal pay
Year on year change:
ACAS Conciliated Settlements: -52.87%
Success at hearing: +440.95%
Unsuccessful at hearing: -88.17%
5 year change:
ACAS Conciliated Settlements: -90.93%
Success at hearing: +181.47%
Unsuccessful at hearing: +204.23%
National minimum wage
Year on year change:
ACAS Conciliated Settlements: +5.59%
Success at hearing: -18.66%
Unsuccessful at hearing: +16.68%
5 year change:
ACAS Conciliated Settlements: -28.01%
Success at hearing: +1.47%
Unsuccessful at hearing: +101.25%
Part-time workers regulations
Year on year change:
ACAS Conciliated Settlements: -33.80%
Success at hearing: -50.63%
Unsuccessful at hearing: +54.74%
5 year change:
ACAS Conciliated Settlements: -45.05%
Success at hearing: -50.51%
Unsuccessful at hearing: -63.36%
Public interest disclosure
Year on year change:
ACAS Conciliated Settlements: -12.07%
Success at hearing: +14.12%
Unsuccessful at hearing: -11.07%
5 year change:
ACAS Conciliated Settlements: -19.68%
Success at hearing: -31.95%
Unsuccessful at hearing: -34.09%
Race discrimination
Year on year change:
ACAS Conciliated Settlements: -8.40%
Success at hearing: -16.42%
Unsuccessful at hearing: -4.48%
5 year change:
ACAS Conciliated Settlements: -15.93%
Success at hearing: -43.43%
Unsuccessful at hearing: -32.07%
Redundancy – failure to inform and consult
Year on year change:
ACAS Conciliated Settlements: +32.46%
Success at hearing: +24.03%
Unsuccessful at hearing: +58.26%
5 year change:
ACAS Conciliated Settlements: -64.57%
Success at hearing: -20.09%
Unsuccessful at hearing: -18.64%
Redundancy pay
Year on year change:
ACAS Conciliated Settlements: -26.78%
Success at hearing: -25.44%
Unsuccessful at hearing: -37.11%
5 year change:
ACAS Conciliated Settlements: -29.39%
Success at hearing: +10.28%
Unsuccessful at hearing: -11.56%
Religion/belief discrimination
Year on year change:
ACAS Conciliated Settlements: +18.85%
Success at hearing: +12.19%
Unsuccessful at hearing: +32.22%
5 year change:
ACAS Conciliated Settlements: +88.36%
Success at hearing: -29.22%
Unsuccessful at hearing: -24.65%
Sex discrimination
Year on year change:
ACAS Conciliated Settlements: -9.74%
Success at hearing: +39.51%
Unsuccessful at hearing: -16.72%
5 year change:
ACAS Conciliated Settlements: -8.91%
Success at hearing: -150.28%
Unsuccessful at hearing: +116.25%
Sexual orientation discrimination
Year on year change:
ACAS Conciliated Settlements: -8.33%
Success at hearing: +29.98%
Unsuccessful at hearing: +14.47%
5 year change:
ACAS Conciliated Settlements: -24.07%
Success at hearing: -52.03%
Unsuccessful at hearing: -18.67%
Suffer a Detriment/Unfair Dismissal – Pregnancy
Year on year change:
ACAS Conciliated Settlements: -5.26%
Success at hearing: +3.26%
Unsuccessful at hearing: +21.02%
5 year change:
ACAS Conciliated Settlements: -20.36%
Success at hearing: -20.47%
Unsuccessful at hearing: -24.85%
Transfer of an undertaking – failure to inform and consult
Year on year change:
ACAS Conciliated Settlements: -4.71%
Success at hearing: +166.28%
Unsuccessful at hearing: -58.16%
5 year change:
ACAS Conciliated Settlements: -46.50%
Success at hearing: +41.54%
Unsuccessful at hearing: -38.35%
Unauthorised deductions
Year on year change:
ACAS Conciliated Settlements: -21.62%
Success at hearing: -7.75%
Unsuccessful at hearing: -3.16%
5 year change:
ACAS Conciliated Settlements: -25.12%
Success at hearing: +114.89%
Unsuccessful at hearing: -28.35%
Unfair dismissal
Year on year change:
ACAS Conciliated Settlements: -5.68%
Success at hearing: +1.69%
Unsuccessful at hearing: -11.85%
5 year change:
ACAS Conciliated Settlements: -38.49%
Success at hearing: +2.61%
Unsuccessful at hearing: -21.62%
Working time directive
Year on year change:
ACAS Conciliated Settlements: -19.30%
Success at hearing: -13.50%
Unsuccessful at hearing: -23.43%
5 year change:
ACAS Conciliated Settlements: -10.16%
Success at hearing: +52.94%
Unsuccessful at hearing: -1.91%
Written pay statement
Year on year change:
ACAS Conciliated Settlements: -18.62%
Success at hearing: -7.06%
Unsuccessful at hearing: +31.48%
5 year change:
ACAS Conciliated Settlements: -47.81%
Success at hearing: +26.22%
Unsuccessful at hearing: -8.15%
Written statement of reasons for dismissal
Year on year change:
ACAS Conciliated Settlements: -54.60%
Success at hearing: +18.03%
Unsuccessful at hearing: -45.26%
5 year change:
ACAS Conciliated Settlements: -59.10%
Success at hearing: -34.74%
Unsuccessful at hearing: -39.76%
Written statement of terms and conditions
Year on year change:
ACAS Conciliated Settlements: -13.94%
Success at hearing: +45.30%
Unsuccessful at hearing: -17.17%
With thanks to Richard Nelson LLP for their expert guidance on this project.
Being manhandled into taxis, accused of being a fire hazard, treated like a child when you’ve got a PhD and told to clean your ears out are just some examples of the frustrating and inappropriate behaviour that disabled customers, employees and service users continue to experience. But if silly behaviour is the problem, then could laughter be the solution?
Business should be investing in this area because they’re going to get a return. Businesses don’t engage with this subject for reasons to do with charitable giving or altruism. The investment pays back because you’re accessing talent. You’re enhancing productivity, you’re producing products and services that more people want and more people are able to use.