The law protects employees against discrimination, harassment, unfair treatment and exclusion in the workplace. This protection includes recruitment, training and promotion, pay and benefits, performance management, redundancy and dismissal.
If an employee is treated unfairly, directly or indirectly, employers could face a tribunal claim for unlawful discrimination. Recently, 2 Sisters Food Group dismissed one of their employees for refusing to remove his crucifix necklace at work.
Jevgenijs Kovalkovs worked as a quality inspector for the company and was told that his necklace was a health and safety hazard. However, he insisted that it is a part of his identity and has a 'deep and profound meaning' to him.
Following his dismissal for not obeying management instructions, he went to an employment tribunal with the matter and was awarded £22k. The judge found that he had lost his job due to indirect discrimination.
This case shows severe financial and reputational consequences for employers who fall on the wrong side of the law. Employers need to be aware of how they handle issues related to protected characteristics, as it can become discriminatory if handled insensitively.