Alex Denne
Growth @ Genie AI | Introduction to Contracts @ UCL Faculty of Laws | Serial Founder

Creating an Equality and Diversity Policy (UK)

23 Mar 2023
34 min
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Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

As our society grows increasingly diverse, employers must ensure they have an Equality and Diversity Policy in place. Such a policy should demonstrate an employer’s commitment to creating a workplace where all are respected and accepted, and is also essential for avoiding potential legal pitfalls, as outlined in the Equality Act 2010. This Act states that employers must not discriminate on the basis of nine protected characteristics; including age, sex, race and disability.

Having an effective Equality and Diversity Policy can have a positive impact on employee morale and engagement; resulting in improved productivity. It may even help attract talented individuals from different backgrounds to your organisation. The policy should include measures to promote diversity, such as staff training; plus initiatives to encourage it at recruitment stage too. Additionally, consider setting up an equality and diversity committee – this will help monitor progress while ensuring compliance with the policy itself. Finally, provide employees with clear processes for raising any concerns about discrimination or harassment in the workplace - this will ensure issues can be tackled swiftly and fairly.

In summary then: having a comprehensive Equality & Diversity Policy isn’t just about meeting your legal responsibilities - it fosters an inclusive workplace culture which is likely to benefit both employees and employer alike. For guidance on how you can create one yourself backed by international best practice standards we urge you to read on below for Genie AI’s step-by-step guidance or access our free template library today!

Definitions (feel free to skip)

Protected Characteristic: A characteristic that is protected by law, such as age, disability, sex, gender reassignment, pregnancy or maternity, race, religion or belief, sexual orientation and marriage or civil partnership.

Equality Act 2010: A UK law that outlaws discrimination, harassment and victimisation in the workplace on the basis of a person’s protected characteristics.

Non-compliance: Refers to a situation in which an individual or organisation fails to adhere to the regulations or requirements of a particular law.

Code of Conduct: A set of rules and regulations that outlines the expected behaviour of individuals in a particular environment.

Harassment: Unwanted physical, verbal or visual behaviour that is offensive, intimidating or threatening.

Discrimination: Unfair or unequal treatment of an individual or group of individuals on the basis of their protected characteristics.

Inclusion: The practice of including and respecting everyone in a particular environment, regardless of their protected characteristics.

Accessibility: The practice of providing everyone with the same access to a particular environment regardless of their disability.

Monitoring: The process of regularly checking or examining something in order to ensure compliance with regulations or standards.

Review: The process of examining something in detail in order to assess its quality or effectiveness.

Contents

  • Setting out the purpose of the policy
  • Explaining the law and its implications
  • Defining equality and diversity
  • Identifying protected characteristics
  • Establishing commitment to equality and diversity
  • Introducing a code of conduct
  • Outlining expectations for staff
  • Addressing harassment and discrimination
  • Creating a complaints procedure
  • Setting out disciplinary action
  • Introducing training and awareness
  • Developing a training program
  • Ensuring all staff receive the training
  • Ensuring inclusion and accessibility
  • Developing accessibility guidelines
  • Establishing systems for monitoring and reviewing accessibility
  • Establishing monitoring and review processes
  • Establishing procedures for regular review of the policy
  • Establishing measures for monitoring compliance with the policy
  • Signing off the policy

Get started

Setting out the purpose of the policy

  • Identify the key stakeholders and decision makers in developing the policy.
  • Establish the purpose of the policy and any objectives you want to achieve.
  • Consider what existing policies or procedures you need to reference or link to.
  • Record your vision for the policy and why it’s important for your organization.
  • Decide what the scope of the policy should be, e.g. will it cover customers and suppliers as well as employees?
  • Draft the policy statement and ensure it’s legally compliant.
  • Check that the policy statement is concise and easily understandable.

When this step is complete, you will have drafted the policy statement and established the purpose of the policy.

Explaining the law and its implications

  • Research and become familiar with the UK Equality Act 2010 and other applicable laws and regulations
  • Understand the implications of the Equality Act 2010, such as protection from discrimination, harassment and victimization
  • Identify the nine protected characteristics which the Equality Act 2010 covers
  • Explain the implications of the law to all staff, volunteers, and other relevant people, including what they need to do to comply with the Equality Act 2010
  • Make sure staff and volunteers are aware of the potential consequences of not complying with the Equality Act 2010

How you’ll know when you can check this off your list and move on to the next step:

  • When you have familiarized yourself with the UK Equality Act 2010 and other applicable laws and regulations
  • When you have explained the implications of the law to all staff, volunteers, and other relevant people
  • When staff and volunteers are aware of the potential consequences of not complying with the Equality Act 2010

Defining equality and diversity

  • Research the Equality Act 2010, which outlines the UK’s legal framework for equality and diversity
  • Make sure to understand the difference between the two concepts: equality is about ensuring everyone is treated fairly and has the same opportunities, while diversity is about creating an inclusive environment that celebrates the unique characteristics of each individual
  • Understand what constitutes discrimination, harassment and victimisation and how these terms can be applied
  • Identify the core values of your organisation and the goals it wants to achieve in terms of equality and diversity
  • Write a statement that outlines the company’s commitment to promoting equality and diversity in the workplace
  • Once you have completed this step you can then move on to the next step of identifying protected characteristics.

Identifying protected characteristics

  • Identify the 9 protected characteristics under the UK’s Equality Act 2010: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation
  • Examine the different groups in your workplace and the wider community that you interact with and serve, in order to identify any other characteristics that are relevant
  • Make a list of all the protected characteristics that could be applicable to your organization
  • Include any other characteristics that are not listed under the Equality Act 2010 but could be relevant to your particular industry
  • When you have identified all the protected characteristics, you can move on to the next step – establishing commitment to equality and diversity.

Establishing commitment to equality and diversity

  • Create a statement of commitment to equality and diversity. This statement should be included in the policy and should express the organization’s commitment to creating and maintaining an inclusive environment.
  • Ensure the statement is signed off by the organization’s most senior manager.
  • Make sure the policy is distributed to all employees, and explain its importance and relevance.
  • Make sure the policy is publicly available on the organization’s website, or other relevant communication channels.

Once you have completed the above steps, you can check this off your list and move on to introducing a code of conduct in the next step.

Introducing a code of conduct

  • Draft a code of conduct that outlines the expectations for all staff
  • Ensure the code of conduct covers the behaviour, values and responsibilities of the organisation and all staff
  • Include policies and procedures that demonstrate the commitment to achieving equality and diversity in the workplace
  • Make sure that all staff are aware of the code of conduct and that they understand it
  • Put in place arrangements for monitoring and reviewing the code of conduct
  • Once the code of conduct has been introduced, it should be communicated to all staff via internal communication channels and made available on the organisation’s intranet
  • When the code of conduct has been introduced and communicated to all staff, it should be reviewed and monitored on a regular basis to ensure it remains relevant and up-to-date.
  • Once the code of conduct has been introduced and communicated to all staff, you can check this step off your list and move on to the next step of outlining expectations for staff.

Outlining expectations for staff

• Formulate a policy statement stating the company’s commitment to equal opportunities, diversity and inclusivity.
• Clearly explain the legal framework which the policy is based on, including the Equality Act 2010.
• Outline the expectations for staff in terms of their behaviour, values and attitudes.
• Make clear that any form of discrimination or harassment will not be tolerated.
• Include the potential consequences of failing to adhere to the policy.
• Make sure that all staff understand the policy and how to report any incidents of discrimination or harassment.

When you have clearly outlined the expectations for staff in your policy, you can check this off your list and move onto the next step.

Addressing harassment and discrimination

  • Make sure your policy outlines what constitutes harassment and discrimination
  • Outline the appropriate response to any kinds of harassment and discrimination
  • Make sure staff are aware of what is unacceptable behaviour
  • Outline the consequences for any staff member who displays any kind of harassment or discrimination
  • Ensure that staff are aware of the procedure for making a complaint about any harassment or discrimination
  • Set up a confidential reporting procedure where employees can make a complaint about any harassment or discrimination
  • Make sure staff are aware that any complaints of harassment or discrimination will be taken seriously and investigated thoroughly
  • When you have addressed harassment and discrimination in your policy, make sure it is reviewed regularly to ensure it remains up to date

How you’ll know when you can check this off your list and move on to the next step:

  • When you have addressed harassment and discrimination in your policy, and you have outlined the appropriate response, set up a confidential reporting procedure, and made sure staff are aware of what is unacceptable behaviour and the consequences for any staff member who displays any kind of harassment or discrimination, you can move on to creating a complaints procedure.

Creating a complaints procedure

  • Develop a procedure for employees to follow when they wish to make a complaint about discrimination or harassment.
  • Make sure the procedure is accessible to all employees by providing it in a variety of formats, such as paper and digital.
  • State in the procedure that any employee who makes a complaint will be protected from any form of victimisation or retaliation.
  • Ensure the procedure outlines the steps that will be taken when a complaint is made, including any timeframes for responding to and resolving the complaint.
  • Make sure the procedure explains the options available to the employee if they are unhappy with the response or the resolution of their complaint.
  • Publish the procedure on the organisation’s intranet and/or in a staff handbook.
  • Provide training to all managers and staff on the procedure and how to handle complaints.

You’ll know you can check this off your list and move on to the next step once you have developed, published and provided training on the complaints procedure.

Setting out disciplinary action

  • Outline the potential disciplinary action that could be taken if an employee is found to be in breach of the Equality and Diversity Policy.
  • Ensure that any disciplinary action taken is consistent with other disciplinary policies and procedures.
  • Ensure that disciplinary action is proportionate to the offence, taking into account the context, seriousness, and consequences of the offence.
  • Ensure that disciplinary action is non-discriminatory and does not breach the Equality and Diversity Policy.
  • Ensure that each incident is dealt with on a case-by-case basis and that there are no blanket rules or approaches to disciplinary action.
  • When a disciplinary action is taken, make sure that it is documented and kept on file.

You can check this off your list and move on to the next step when you have outlined the potential disciplinary action that could be taken in the event of a breach of the Equality and Diversity Policy and ensured that any disciplinary action taken is consistent with other policies, proportionate to the offence, non-discriminatory, and dealt with on a case-by-case basis.

Introducing training and awareness

  • Assess the training needs of your staff in relation to equality and diversity
  • Create a training program that meets these needs
  • Include awareness training on all aspects of equality and diversity
  • Provide education on the legal framework and best practices
  • Ensure the training program is regularly reviewed and updated
  • Make sure the training program is tailored to the specific roles and responsibilities of all staff
  • Ensure you have a method of monitoring the completion of training
  • Once the training and awareness program is in place, you can check this off your list and move on to the next step of developing a training program.

Developing a training program

  • Identify the need for training and awareness in the organisation
  • Outline the areas of training, who should be included and the format of training
  • Design and develop the training program to meet the specific needs of the organisation
  • Ensure that the training program is monitored, evaluated and updated regularly
  • Ensure that all staff receive the training program
  • Track the progress of each staff member and ensure that any gaps in their training are addressed
  • Record the completion of the training program for all staff
  • When all staff have completed the training program and any gaps are addressed, this step can be checked off the list.

Ensuring all staff receive the training

  • Ensure training is appropriate for the whole workforce, including senior leadership staff, line managers and all other staff
  • Make sure all staff receive the training and understand the importance of the policy
  • Monitor attendance of the training and make sure that all staff have attended the training
  • Provide feedback from staff on how the training was received and if they have any suggestions
  • Keep a record of all staff who have received the training and ensure that all staff have received the training
  • Once all staff have been trained, you can move on to the next step of ensuring inclusion and accessibility.

Ensuring inclusion and accessibility

  • Draft an inclusion and accessibility policy to ensure that all staff, customers and members of the public are treated fairly and that their rights are respected.
  • Ensure that the policy includes areas such as age, race, sex, gender, disability, etc.
  • Develop a plan to ensure these policies are implemented and monitored in the workplace.
  • Consider ways to ensure that staff and customers are aware of these policies and understand the implications of ignoring them.
  • Set up systems and processes to ensure that any complaints of discrimination are taken seriously, investigated promptly and dealt with adequately.
  • When the policy is complete, make sure it is distributed to all staff, customers, and members of the public.

You’ll know you can check this off your list and move on to the next step when the policy is distributed to all staff, customers, and members of the public.

Developing accessibility guidelines

  • Consult with staff and stakeholders to determine what accessibility guidelines are necessary
  • Create guidelines that are applicable to the business and easy to follow
  • Ensure the guidelines are up to date with current legislation
  • Consider the needs of employees with disabilities
  • Ensure guidelines can be followed by employees in any situation
  • Make sure the guidelines are easy to understand and implement
  • Consider how the guidelines can be enforced
  • Publish the guidelines for the whole organisation

Once all the above points have been completed, you can check this off your list and move on to the next step.

Establishing systems for monitoring and reviewing accessibility

  • Decide on the methods and processes you will use to evaluate the effectiveness of the policy.
  • Set up a system for measuring progress and review it regularly.
  • Establish a process for monitoring and reviewing the policy to assess its effectiveness.
  • Ensure that all stakeholders (employees, customers, etc.) are aware of their role in the monitoring and review process.
  • Determine how often the policy should be reviewed and updated.
  • Establish a timeline for regularly assessing the accessibility of the policy and set up a system for regularly engaging with stakeholders to review the policy.
  • Once you have established a timeline and system for monitoring and reviewing the policy, you can then move on to the next step.

Establishing monitoring and review processes

• Define processes of monitoring and review of the policy
• Establish a system of reporting to provide feedback and make changes
• Set up a schedule of regular reviews of the policy
• Identify who will be responsible for monitoring and review
• Establish measures to ensure that the policy is being adhered to
• Ensure that the review schedule is regularly updated
• Make sure that any feedback and changes are documented

Once the processes of monitoring and review are established, you can move on to the next step of establishing procedures for regular review of the policy.

Establishing procedures for regular review of the policy

  • Establish the frequency and timescale for review of the policy (e.g. annually, bi-annually, etc.)
  • Decide who will be responsible for leading the review (e.g. HR, senior management, etc.)
  • Establish a process for collecting feedback and suggestions from employees
  • Set out how the review process will be managed
  • Identify any external resources or advice required to support the review
  • Create a timeline for the review process
  • Document the outcome of the review in an updated version of the policy

Once the review process has been established, it is time to move onto the next step: establishing measures for monitoring compliance with the policy.

Establishing measures for monitoring compliance with the policy

  • Determine which methods of monitoring and evaluating the policy should be used (e.g. surveys, focus groups, one-to-one meetings, etc.)
  • Decide how frequently these methods should be used
  • Detail how the results of monitoring and evaluation will be recorded and analysed
  • Establish how the results will be used to inform the review process
  • Set out the roles and responsibilities of staff involved in the monitoring and evaluation process
  • When these measures have been established, you can move on to signing off the policy.

Signing off the policy

  • Invite key stakeholders to review and sign off on the policy
  • Ensure that everyone involved is fully aware of the policy and its implications
  • Document the date of signing and the names of the signatories
  • Once the policy is signed off, it is considered to be a legally binding document
  • Finalise the policy and make it available to everyone in the organisation

FAQ:

Q: What is the difference between an Equality and Diversity Policy and an Anti-Discrimination Policy?

Asked by Ruby on June 12, 2022.
A: An Equality and Diversity Policy is a document which sets out the organization’s commitment to promoting equality and diversity in all areas of its operations. This includes preventing discrimination on the basis of protected characteristics such as race, gender, age, religion, sexual orientation, disability and more. An Anti-Discrimination Policy is a set of policies which are designed to prevent discrimination against individuals or groups. This may include bans against certain types of behavior, such as harassment, or policies which aim to promote diversity in the workplace. The two policies are closely related, but have different focuses and goals.

Q: What are the legal requirements for creating an Equality and Diversity Policy in the UK?

Asked by David on August 5, 2022.
A: The legal requirements for creating an Equality and Diversity Policy in the UK vary depending on the size of your organization and sector you are in. Generally speaking, most organizations in the UK must comply with the Equality Act 2010, which prohibits discrimination on the basis of protected characteristics such as age, sex, race and disability. Additionally, organizations with 250 or more employees must produce a Gender Pay Gap Report each year to demonstrate their commitment to equal pay for both men and women. Finally, organizations must comply with other laws such as health and safety regulations which also address equality and diversity issues.

Q: How do I ensure that my Equality and Diversity Policy is effective?

Asked by Isabella on January 9, 2022.
A: An effective Equality and Diversity policy should include measures that promote equality across all areas of the organization’s operations. This includes setting clear goals for promoting equal opportunities across different demographics within the organization, providing training for employees on diversity issues, creating equitable recruitment processes, having policies in place to deal with any instances of discrimination or harassment that may occur in the workplace, regularly monitoring performance against these goals, and taking action when needed to address any inequalities or issues that may arise. Additionally, it’s important to create a culture of inclusion within the organization by encouraging open dialogue between staff members from different backgrounds and celebrating diversity in all its forms.

Q: What specific actions should be included in my Equality and Diversity Policy?

Asked by Olivia on April 15, 2022.
A: An effective Equality and Diversity policy should include specific actions that promote fairness across all areas of the organization’s operations. These may include setting clear goals for promoting equal opportunities across different demographics within the organization; providing training for employees on diversity issues such as unconscious bias; implementing equitable recruitment processes; having policies in place to deal with any instances of discrimination or harassment; regularly monitoring performance against these goals; and taking action when needed to address any inequalities or issues that may arise. Additionally, it’s important to create a culture of inclusion within the organization by encouraging open dialogue between staff members from different backgrounds and celebrating diversity in all its forms.

Q: How do I ensure compliance with UK law when creating an Equality and Diversity Policy?

Asked by Noah on July 8, 2022.
A: To ensure that your Equality and Diversity Policy complies with UK law it is important to be aware of the various laws which apply to your particular sector or business model (for example health and safety regulations). Additionally, most organizations must comply with the Equality Act 2010 which prohibits discrimination on the basis of protected characteristics such as age, sex, race and disability. Organizations with 250 or more employees must also produce a Gender Pay Gap Report each year to demonstrate their commitment to equal pay for both men and women. Finally it’s important to consider any additional legal requirements arising from EU law which may apply depending on your particular industry or sector (for example data protection laws).

Q: What should I consider when creating an Equality & Diversity Policy for a global business?

Asked by Emma on October 18, 2022.
A: When creating an Equality & Diversity Policy for a global business it is important to be aware of any local laws or regulations which may apply in each country where you operate (for example data protection laws). Additionally it’s important to consider how you will ensure compliance with international human rights conventions when operating across different jurisdictions (such as protecting freedom of expression). Finally it’s important to ensure that your policy takes into account cultural differences between countries when it comes to attitudes towards certain types of behavior (such as harassment) so as not to alienate employees from different backgrounds who may be unfamiliar with certain customs or practices from their home countries.

Q: How do I ensure that my Equality & Diversity Policy is being followed?

Asked by Ethan on December 19th 2022.
A: To ensure that your Equality & Diversity Policy is being followed it’s important to have systems in place which regularly monitor performance against any goals set out in your policy (such as recruitment targets). It’s also important to have clear procedures in place for dealing with any instances of discrimination or harassment that may occur in the workplace (including how they will be reported). Additionally it’s important to provide regular training sessions for employees so they are aware of their responsibilities under your policy and what constitutes unacceptable behavior (such as bullying). Finally it’s important to have regular reviews of your policy so you can make sure it remains up-to-date with any new legislation or best practices which may have arisen since its creation.

Q: What should I consider when creating an Equality & Diversity Policy for a small business?

Asked by Mia on March 6th 2022.
A: When creating an Equality & Diversity policy for a small business it’s important to consider how you will ensure fairness across all areas of your operations (including recruitment process). It’s also important to set clear goals for promoting equal opportunities across different demographics within your organization (such as gender equality) so as not to unintentionally discriminate against certain groups. Additionally it’s important to consider what training you will provide for employees so they are aware of their responsibilities under your policy (such as appropriate behavior) as well as what kind of procedures you will have in place for dealing with any issues or instances of discrimination or harassment that may arise within the workplace. Finally it’s important to regularly review your policy so you can make sure it remains up-to-date with any new legislation or best practices which may have arisen since its creation.

Example dispute

Raising a Lawsuit Referencing a Equality and Diversity Policy

  • The plaintiff must provide evidence that the policy was violated, either by the defendant’s actions or by the defendant’s failure to act.
  • The plaintiff must prove that their rights were breached under the policy, such as any provisions related to discrimination, harassment, or any other civil rights violations.
  • The plaintiff must be able to demonstrate that they suffered some form of harm or injury as a result of the violation.
  • The plaintiff must show that the harm they suffered was a direct result of the policy violation.
  • The plaintiff must also demonstrate that they took reasonable steps to resolve the issues before taking legal action.
  • To win, the plaintiff must be able to prove that the defendant was aware of the policy and that the policy was violated.
  • The plaintiff must also demonstrate that the defendant was aware of the harm or injury caused by the violation and that the defendant failed to take reasonable steps to remedy the violation.
  • If the plaintiff can prove the above, they may be able to recover damages from the defendant. The amount of damages awarded will depend on the severity of the violation and the extent of harm suffered by the plaintiff.
  • In some cases, the defendant may be ordered to take steps to ensure that the same violation does not happen again, or to implement new policies to ensure compliance with the equality and diversity policy.

Templates available (free to use)

Equality And Diversity Policy

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