Raising discrimination

[ch 11: pages 76-77]

In 2015, Acas produced a useful guide: Discrimination — what to do if it happens, with guidance on special considerations where a grievance is raised about discrimination. Acas says that when handling a grievance about discrimination, a manager should:

• keep an open mind remembering that what may be felt to be discriminatory can change over time and may be different from person to person;

• be respectful and empathetic, remembering that raising or witnessing discrimination can be particularly stressful or upsetting;

• investigate thoroughly and tactfully; and

• conclude and/or resolve the matter, including any appeal.

The guide makes suggestions as to when a temporary transfer or suspension may be appropriate during an investigation, cautioning that “employers should beware of transferring or adversely treating an employee who believes they have been subjected to discrimination” as this may be seen as detrimental treatment. It also includes suggestions for deciding when an informal, as opposed to a formal approach might be best, and how managers should go about an informal approach.

It is always unlawful discrimination to dismiss someone for lodging genuinely held grievances alleging discrimination, even if there is no evidence to support them, unless there is clear evidence of bad faith (Woodhouse v North West Homes Leeds Limited [2013] UKEAT0007/12/056).