EHRC Employment Code

What are likely to be considered as reasonable steps by the tribunal is a difficult test. The EHRC Employment Code says that “an employer would be considered to have taken all reasonable steps if there are no further steps that they could have been expected to take”.

An example of when liability for discrimination may be avoided, is when an employer ensures that all workers are aware of its policy on harassment relating to any of the protected characteristics under the EA 2010. The policy should make clear that such conduct is unacceptable and will lead to disciplinary action. If, for example, following the implementation of a harassment policy, a worker then makes negative comments about disabled people on benefits and his disabled colleague is offended, an employer can take disciplinary action against the worker making the negative comments. In these circumstances, the employer may avoid liability for disability harassment because their actions in implementing the harassment policy are likely to indicate that they took all reasonable steps to prevent the unlawful act.