New discrimination laws are no joke

New laws protecting workers from discrimination will mean improved rights for employees – but business managers will need to be careful they don’t unwittingly fall foul of the new rules. The new regulations, which came into force in December, protect workers from discrimination on the grounds of their religion or sexual orientation.

Protecting against discrimination on the basis of religious belief or similar philosophical belief, could be difficult to define. For example, would the rule include an atheist? Political beliefs are not included in the definition of discrimination – but it is unclear whether pacifists and animal rights activists will be protected. Refusing to employ someone because they are gay could however infringe the new rules.

Direct discrimination is reasonably easy to define and so avoid. It would cover, for example, not giving someone a job because of their religious beliefs or sexual orientation. Anyone who felt they had been discriminated against in such a way should seek specialist legal advice.

But indirect discrimination can be harder to define – and this is where even well-meaning employers could get caught out if their employment practices and documentation are out of date.

For example, existing working hours, practices or set holidays could have the effect of dis-advantaging people. And so could the type of food served in the canteen.

Employers may need to give their employment practices and processes a thorough review, ideally with help from a specialist employment solicitor. But it is not only business owners and managers who have to be careful. The new legislation puts an onus on everyone within the workplace to treat fellow workers with respect. If employees create a hostile atmosphere for fellow workers because of their religion or orientation, then this could be discriminatory. And this could even extend to the telling of insensitive jokes.