In 2020/21, independent advisory body ACAS handled over 23,000 calls from employees related to discrimination -.a 15% increase on the prior year. The most common discrimination grounds were disability (31%), race (23%), sex (18%), and age (13%). However, ACAS reported that the most common workplace discrimination grievances raised were on the grounds of sex (30%), disability (22%), race and nationality (21%).
In May 2022, ACAS reported a 35% increase in the number of discrimination cases brought to employment tribunals compared to pre-pandemic levels. In September 2022, ACAS reported a 45% increase in the number of retaliatory dismissal cases being brought to tribunals compared to pre-pandemic levels. These often involve discrimination complaints. In November 2022, ACAS highlighted that pregnancy and maternity discrimination claims were up by 22% compared to 2020.
ACAS has highlighted hybrid working as a growing area of discrimination concern in 2022, as disabled workers or those with caring responsibilities can be excluded. ACAS advised employers to reassess their flexible working and reasonable adjustments policies to prevent discrimination claims. Equally, the disability pay gap stands at 15% according to government data, meaning disabled employees earn on average £1.95 less per hour compared to their non-disabled counterparts.
A substantial jump in age discrimination queries during the pandemic, rising more than 300% from 4,253 in 2019/20 to 14,767 in 2020/21 was also reported by ACAS. Their research found 34% of workers over 50 felt their age put them at a disadvantage in recruitment. The number of Age discrimination cases brought to employment tribunals had previously risen by 45% from 2017/18 to 2019/20. Aviva, has also found that age discrimination increased substantially during the pandemic, with 64% of over 50s feeling their age put them at a disadvantage. ACAS advised employers in December 2022 to ensure their recruitment practices are updated to prevent age discrimination claims, which continue to rise.
In January 2023, ACAS said their helpline was receiving an increasing number of queries related to discrimination based on beliefs and political opinions, whilst inquiries from transgender employees facing discrimination at work had doubled over the past year. 19% of LGBTQ+ employees experienced bullying or harassment at work according to 2022 research by TotalJobs. Just under 1 in 3 LGBTQ+ employees hide their identity at work for fear of discrimination according to 2022 YouGov research.
ACAS will launch new resources in 2023 focused on neurodiversity and preventing discrimination against neurodiverse employees.
Looking at representation, the ethnicity pay gap stands at 2.3% for full-time employees according to October 2022 Office for National Statistics data. Research by the Fawcett Society suggests the gender pay gap costs women in the UK a cumulative £530,000 over their lifetimes. Their 2022 report found women were still less likely to be promoted than men and held only 39% of managerial positions.
Pregnant women and new mothers face high levels of discrimination according to EHRC research, with around 1 in 9 feeling forced to leave their job. 36% of women experience some form of sexual harassment at work during their careers according to Trade Union Congress analysis. Only 45% of FTSE 100 boards and just 34.4% of FTSE 250 boards have women members according to 2022 Hampton-Alexander review data.
46% of Black, Asian and minority ethnic staff said they faced racism at work according to a 2022 Chartered Management Institute survey. For 2023, ACAS has said tackling workplace racism will be a priority area and highlighted "huge spikes" in race discrimination inquiries in recent years.
Lack of Recourse
Despite these bleak statistics, ACAS finds only 19% of discrimination victims make a formal complaint. The organisation estimates three in four people refrain from reporting mistreatment. Of those who do complain, just over half feel their grievance was handled satisfactorily.
Empower Yourself to Overcome Workplace Discrimination
If you are facing any form of discrimination, harassment, or unfair treatment based on a protected characteristic, you do not have to cope alone without support. Your HR Friend offer ethical, confidential guidance on discrimination issues to help you address the issue comprehensively, such as:
Confidential Consultation
Initially, we provide an empathetic listening ear, allowing you to explain your situation in confidence. We will gain a deep understanding of the discrimination you are facing, the effects on you, relevant policies, laws, and potential motivations. Nothing is rushed. We take time to understand your perspective fully.
Expert Advice
Drawing on our in-depth HR experience, we clearly explain your rights and options. We can review relevant policies and legislation to ascertain whether misconduct has likely occurred. If early resolution is appropriate, we advise on suitable communication strategies respectfully highlighting issues.
Workplace Investigation
Where a formal investigation is necessary, we can independently interview witnesses, gather documentation and evidence, and provide a neutral factual report. Our focus is establishing truth. We remain impartial, avoid blame, and provide recommendations to resolve issues.
Grievance Support
If raising a grievance, we act as your advisor, helping draft clear complaints focused on facts. We help you best represent yourself in meetings, ensuring your voice is heard fairly without retaliation. Our aim is constructive resolution through open dialogue. However, we will firmly advance your case if opposed.
Mediation & Dispute Resolution
Where relationships or communications have broken down, we can act as an objective mediator. Through discussion and empathy on all sides, we seek mutual understanding and agreement. Our non-confrontational approach aims to reconcile differences and restore positive working relationships.
Disciplinaries & Arbitration
In disciplinary or arbitration proceedings, we vigorously defend you against biased, discriminatory or unfounded allegations. We will challenge inadequate investigations, link you up with our legal partners to represent you in hearings, cross-examine witnesses, and argue for a fair outcome. If necessary, we will help appeal unjust decisions.
Training & Coaching
We provide tailored training and coaching so you can confidently stand up to discrimination. Through role-playing, practical exercises and guidance, we build your self-assurance to have difficult conversations, report issues, handle conflicts and progress your career.
Moving Forward Positively
While addressing past discrimination, our goal is always to move forward in a constructive manner. We support both individuals and organisations to implement policies, training and cultural changes that create more diversity, empathy and equal opportunities for all.
Contact Your HR Friend today to discuss overcoming discrimination. Our support empowers you to enact positive change.
Workplace Discrimination