Under the Equality Act 2010, employers are legally required to protect their employees from abuse or discrimination related to ‘protected characteristics’. There are nine protected characteristics: age, disability, gender reassignment, marriage, pregnancy, race, religion or belief, sex and sexual orientation.

Discrimination can take several forms, including:

• Direct discrimination: treating someone less favourably simply because they hold a particular characteristic;
• Indirect discrimination: treating everyone the same, which results in an adverse effect on people with a particular protected characteristic (which cannot be justified);
• Harassment: unwanted conduct related to a protected characteristic which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading humiliating or offensive environment; and
• Victimisation: subjecting someone to a detriment because they have done (or will do) something in connection with the Equality Act 2010 (including make complaints about discrimination).

Ethnic abuse in the workplace

We were recently instructed by an individual who was subjected to serious and disturbing abuse by her colleagues, based on her ethnic background and assumptions about her political opinions. There was no evidence to support any of these contentions, which had been circulated within the workplace as if they were fact. This conduct constituted discrimination, bullying and harassment. We were able to negotiate significant compensation for our client in relation to these potential claims, which would have caused reputational damage to her employer if they had been contested in an open tribunal.

Practical advice for employers

Abuse on the basis of ethnicity may manifest through offensive remarks, exclusionary behaviour, or more overt acts of hostility. Employers must be alert to the ways in which global events can trigger or exacerbate such conduct in the workplace, as they increasingly influence interpersonal dynamics and employee relations within diverse workforces.

The war in Ukraine, Israeli action in Gaza and the conflict between Israel and Iran are fuelling heightened sensitivities in UK workplaces. Employers must take steps to safeguard employees from discrimination, harassment, victimisation, or unfair treatment based on their religion, national origin and/or perceived political stance.

To minimise risk of Equality Act 2010 claims, employers should aim to provide a safe and inclusive work environment in which employees are able to feel comfortable raising concerns. Employers should avoid stereotyping or making assumptions about employees based on nationality. Indeed, they can help to prevent this by offering training on unconscious bias and cultural sensitivity.

Employers are advised to:

• review and reinforce anti-discrimination and anti-harassment policies with a particular emphasis on preventing xenophobic or politically charged behaviour, including by promoting respectful dialogue in the workplace;
• train managers in how to handle sensitive conversations and communications in a way which balances competing rights and freedoms;
• monitor for signs of workplace tension or exclusion based on perceived religion, national origin or political or religious affiliations;
• handle any grievances linked to political or religious tensions robustly;

• manage reputational risk where employee conduct or public statements intersect with sensitive geopolitical issues, via disciplinary proceedings where appropriate; and

• be alert to signs of stress presented by employees linked to external geopolitical events and signpost them towards mental health resources.

Take action today—review your workplace policies and ensure your team is equipped to prevent and address ethnic abuse. Contact the Lawrence Stephens employment team.