LRD guides and handbook October 2018

Equality Law at Work 2018 - a guide for trade unions and working people

Chapter 13

Demonstrating discrimination in decisions about promotion

[ch 13: pages 98-99]

Every case is different, but here are examples of factors that could help unions identify discrimination in the context of a member’s non-promotion:

• evidence that the member matches the job specification and has acted up in the role in the past;

• a comparator, such as a less qualified candidate without the protected characteristic who has been awarded the promotion;

• positive feedback on past performance from clients, customers and management, good sales figures, or successful projects delivered on time and to budget;

• satisfactory past appraisals;

• evidence of overtly discriminatory language or hostile or negative attitudes at work, linked to a protected characteristic;

• inconsistencies or vagueness in the employer’s explanations (written and verbal) as to why the candidate was unsuccessful;

• statistical evidence showing low levels of promotion among those sharing the protected characteristic at the workplace;

• breaches of the EHRC Code;

• no clear diversity policy and lack of line management training on diversity issues relating to promotion;

• the employer’s overall approach and track record. For example, has the employer implemented active policies to encourage those from under-represented groups to develop their careers at work?

See also Asking and responding to questions of discrimination in the workplace, Acas.

Acas, Asking and responding to questions of discrimination in the workplace http://m.acas.org.uk/media/pdf/m/p/Asking-and-responding-to-questions-of-discrimination-in-the-workplace.pdf