Equality, Diversity and Inclusion at Work

Dr Winojith Sanjeewa
BMW5003M | Career Development and Employability
Week 9
 Objective

Evaluate • Critically evaluate the impacts and benefits of

workplace diversity.

• Critically evaluate diversity management theories

Evaluate and models and apply these to the analysis and
solution of organisational problems.

• Critically examine all the legal requirements, policies

Examine and procedures in relation to diversity management,
discrimination, bullying and harassment.

Analyse • Critically analyse the role of managers in encouraging

and implementing workforce diversity.
 Social Identity
Theory – what
is it?
• Explains conflict between groups

• Conflict is caused by what happens when

we join groups

• And…our desire to create a positive social

identity.

• To create this positive identify we view out-

groups negatively and in-groups positively

• This can lead to prejudice (judging people

negatively based on their group) and
discrimination
Social Identity Theory
– Tajfel & Turner
Using SIT to explain behaviour
Key terms you’ll need to know;
Social categorisation
Social Comparison
Self-esteem hypothesis
Positive distinctiveness
Out-group homogeneity effect (helpful for understanding stereotypes)
Minimal Group Paradigm
SIT- Self Categorisation

People are defined and

understood not only as People interact based on
individuals but also as experiences with others
belonging to certain social, belonging to different
economic, or cultural categories
categories

Interaction refines social More experiences > mental

categories and this influences representation of different
behaviour categories

It becomes relevant to social

Self-categorisation is a
identity if group membership
particular kind of social
is internalised as a relevant to
categorisation
self-conception
1. Understanding Diversity
and Inclusion
• Research and define key terms like
diversity, inclusion, equality, bias,
discrimination, etc. Provide examples of how
these concepts apply in the workplace.

• Identify different dimensions of diversity

(e.g. race, gender, age, disability, religion,
sexual orientation) and discuss how they can
impact workplace experiences and dynamics
 What is Equality,
Diversity, and Inclusion?

• Equality: Ensuring everyone has equal opportunities

and is treated fairly.
• Diversity: Embracing differences in backgrounds,
perspectives, and experiences.
• Inclusion: Creating an environment where everyone
feels valued and respected, regardless of differences.
•
Equality
Equality is about ensuring that every individual has an equal opportunity to make
the most of their lives and talents.

It is also the belief that no one should have poorer life chances because of the
way they were born, where they come from, what they believe, or whether they
have a disability.

Treating people fairly regardless of a

particular characteristic
• No unlawful discrimination
• No harassment
• Removing or minimising disadvantage
• Meeting specific needs
• Addressing under-representation
• Tackling prejudice and promoting understanding
Diversity
The concept of diversity encompasses the presence of a range of distinct
characteristics within a group. These attributes include individual differences in
cognitive abilities, personality traits, as well as factors that define our identity, such
as race, age, gender, religion, sexual orientation, and cultural background.

Respecting and valuing all forms of difference

in individuals
 Inclusion
Inclusion is the practice of
ensuring that all individuals,
regardless of their
differences or backgrounds,
feel respected, valued, and
fully integrated into a group,
organization, or community.
It involves fostering an
environment where diversity
is embraced, and everyone
has equal opportunities to
contribute, participate, and
thrive.
 2. Promoting an
Inclusive Culture

• Evaluate an organisation's diversity and

inclusion policies, practices, and initiatives.
Provide recommendations for improvement.
 Why is EDI
Important?

• Fosters innovation and creativity.

• Enhances employee engagement
and morale.
• Attracts and retains top talent.
• Reflects the diverse customer base.
• Contributes to organizational
success and sustainability.
 Benefits of EDI

• Increased productivity and

collaboration.
• Enhanced decision-making
processes.
• Improved employee well-
being and satisfaction.
• Enhanced reputation and
brand image.
• Better understanding of
diverse markets and
customers.
 Challenges in
Achieving EDI

• Unconscious bias in recruitment and

promotion.
• Lack of diversity in leadership
positions.
• Inadequate policies and procedures.
• Resistance to change.
• Ineffective communication and
awareness.
•
 Strategies for
Promoting EDI

• Implementing inclusive recruitment

practices.
• Providing diversity training and
education.
• Creating affinity groups and support
networks.
• Developing inclusive policies and
procedures.
• Fostering a culture of open dialogue
and respect.
•
 Overcoming
Resistance

• Addressing misconceptions
and fears.
• Providing education and
training.
• Engaging leadership and
key stakeholders.
• Celebrating successes and
sharing best practices.
 • Encouraging open communication and
feedback.
Creating an • Recognizing and celebrating diversity.
• Empowering employees to contribute
Inclusive Culture their unique perspectives.
• Holding everyone accountable for
fostering inclusivity.
Law, Regulation
and Policy
• Equal Pay Act 1970
• Sex Discrimination Act 1975
• Race Relations Act 1977
• Disability Discrimination Act 1995
• Employment Equality (Religion & Belief) Regulations 2003
• Employment Equality (Sexual Orientation) Regulations 2003
• Employment Equality (Age) Regulations 2006
• TULR(C)A 1992 –trade union grounds
• Equality Act 2010
 Protected
characteristics
Age

Disability

Gender reassignment (trans)

Marriage/civil partnership status

Pregnancy and maternity

Race (colour, nationality, national/ethnic origins)

Religion or belief Equality Act 2010:

Sex (gender)

Sexual orientation
guidance
Unlawful behaviour
• Discrimination
– Direct, indirect
– Arising from
disability; failure to
make reasonable
adjustments
• Harassment
• Victimisation

Equality Act 2010

 • A discriminates against B because of a protected
characteristic, A treats B less favourably than they
would treat others.

• Comparator - person of the opposite sex; different

race; actual or hypothetical but in similar
circumstances except for protected characteristic.

• Discrimination by association – claimant associated

with person who has protected characteristic but who
does not have it them selves – Coleman v Attridge Law
Direct [2010] 1 CMLR 28

Discrimination • By perception - person suffers discrimination because

employer mistakenly thinks they have a protected
characteristic

• Employers motive for discrimination irrelevant:

Mod v Jeremiah [1979] IRLR 436. CA ; James v
Eastleigh B.C [1990] 2 AC 751; Amnesty International
v Ahmed UKEAT [2008]

• Discrimination can be unintentional: Moyhing v

Barts & London NHS Trust [2006] EAT.
 Indirect
Discrimination
• Covert discrimination- where employer
applies a policy or practice to everyone but
disadvantages a group with a protected
characteristic and the claimant is personally
disadvantaged. The employer can not justify
the practice.
 Harassment
• S26 (1) general definition applies to all protected characteristics except
pregnancy & maternity; marriage & civil partnership

• Unwanted conduct – includes verbal, written, images, facial

expressions

• Conduct does not have to be aimed directly at claimant

• Claimant does not need to have the protected characteristic
themselves.

• Applies if claimant perceived wrongly to have prohibited characteristic

• S26 (2) unwanted conduct of sexual nature- includes, displaying nude

pinups, downloading porn – Moonsar v Fiveways Express Transport Ltd
[2005] IRLR 9

• S26(3) less favourable treatment because claimant submitted to or

rejected unwanted sexual conduct

• If an employer has reason to believe sexual harassment is taking place,

must investigate and take action. Failure to do so may amount to a
breach of the implied term of mutual trust & confidence
Victimisation
• Protected act s27(2): • If you're treated badly because
• Grinding proceedings under you complain about
the Equality Act discrimination or you help
• Giving evidence/information someone who has been
in connection with proceeding discriminated against, this is
under the Act called victimisation.
• Making an allegation person
breached the Act
• No victimisation if worker
acted in bad faith
 RACE
• S9 Eq A. Defined as colour,
nationality, ethnic or national
origins

• Nationality – specific legal

relationship between person &
State

• Ethnic Group – a distinct & separate

community because of certain
characteristics Mandla v Dowell Lee
[1983] 2 AC 548

• National origins – point to existence

of a nation even if it no longer exists
 It’s
What
you Say
…
 Language can …

Be Be offensive even if you do not mean it

Man Up
Be stigmatising and reinforce
Be stereotypes

Exclude Exclude people

 How you notice a person’s
Confirmation behaviour is affected by
how you perceive them.
bias
 What can you do?
• Be friendly, courteous and
respectful
• Get involved with University
/work life
• Take responsibility
• Be an active bystander
• Be mindful that ‘treating
everyone the same’ does not
necessarily produce equality and
inclusion
• Seek support when you need it
3. Leadership and Accountability

• Create a plan for building a

more diverse workforce
through inclusive
recruitment, retention, and
advancement strategies
Any
 • Frost, Stephen, and Danny Kalman. Inclusive Talent Management :
How Business Can Thrive in an Age of Diversity. London ;
Philadelphia, Koganpage, 2016.
• [Link]. “Equality Act 2010.” [Link], [Link], 16 June 2010,
[Link]/guidance/equality-act-2010-guidance.
• Healy, Geraldine, et al. Equality, Inequalities and Diversity :
Contemporary Challenges and Strategies. Basingstoke ; New York,
Palgrave Macmillan, 2011.

Reference • Hornsey, M. J. (2008) Social Identity Theory and Self-categorisation:

A historical Review, Social and Personality Psychology Compass 2/1:
204–222
• Moss, Gloria. Profiting from Diversity : The Business Advantages and
the Obstacles to Achieving Diversity. Basingstoke Palgrave Macmillan,
2010.
• Silverthorn, Michelle. Authentic Diversity : How to Change the
Workplace for Good. Boca Raton, Fl ; Abingdon Routledge, 2020.
• Trompenaars, Alfons, and Charles Hampden-Turner. Riding the
Waves of Culture : Understanding Diversity in Global Business.
London ; Boston, Nicholas Brealey Publishing, 1998.
• Workforce Diversity: Why Is It Critical in 2024 | Gloat.” [Link], 9
Feb. 2023, [Link]/blog/why-workforce-diversity-needs-to-be-a-
priority/.