Best Practices for How to Prevent Discrimination Claims

Discrimination claims can be expensive and time-consuming for employers. However, many workplace disputes can be avoided by taking a proactive approach.
Having clear policies is important, but preventing discrimination is about more than simply having an equality policy in place. Employers also need to make sure managers understand their responsibilities, employees know how concerns will be dealt with, and decisions are made fairly and consistently.

With employment law continuing to evolve, RDC Solicitors advises businesses to regularly review their approach to equality and discrimination to reduce the risk of claims and create a positive working environment.

Understanding Your Legal Responsibilities

The Equality Act 2010 protects employees and workers from discrimination relating to nine protected characteristics. These include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

Discrimination can take several forms, including direct discrimination, indirect discrimination, harassment and victimisation. It can arise at almost any stage of employment, including recruitment, promotion, pay, performance management, disciplinary action and dismissal.

Understanding where the risks may arise in your business is the first step towards preventing them.

It should be noted that from the 30th of October 2026, employers will be required to take ‘all reasonable steps’ to prevent sexual harassment in the workplace, raising the legal standard beyond the current duty to take ‘reasonable steps’.

Have Clear Equality & Anti-Discrimination Policies

Every employer should have clear, accessible policies explaining its approach to equality, discrimination, bullying and harassment. However, a policy is only useful if employees understand it and managers know how to apply it. Policies should be reviewed regularly and updated when there are changes to employment law or the way your business operates.

RDC Solicitors advises employers on discrimination and equality opportunity policies, as well as contracts of employment and disciplinary and grievance procedures. Taking legal advice when policies are being prepared or reviewed can help identify potential problems before they become disputes.

Train Managers and Employees

Managers are often responsible for making decisions that could potentially trigger discrimination claims, whether that involves recruitment, flexible working, performance management, promotion or disciplinary action.

Regular training can help managers recognise inappropriate behaviour and understand how to make fair and consistent decisions. Employees should also understand what behaviour is expected of them and how they can raise concerns.

Training should not be treated as a one-off exercise. Refresher training can be particularly valuable when managers take on new responsibilities or when workplace policies change.

Making Decisions Based on Evidence

One of the most effective ways to reduce the risk of discrimination claims is to make employment decisions based on clear evidence rather than assumptions.

For example, if an employee is struggling with performance, employers should consider the reasons for the problem rather than making assumptions about their ability or commitment. For example, a disability or health condition may be relevant, and reasonable adjustments may need to be considered. Similarly, when recruiting or promoting employees, decisions should be based on objective criteria that are applied consistently.

RDC's employment team advises employers on managing performance issues lawfully and highlights the importance of considering whether health problems, disability or personal circumstances may be affecting an employee's performance.

Dealing With Complaints Promptly & Fairly

Even with good policies and training in place, complaints can still arise. When an employee raises a concern about discrimination, bullying or harassment, it should be taken seriously and investigated appropriately. It’s best to avoid dismissing a complaint simply because you do not believe discrimination was intended. The legal position can depend on the effect of conduct as well as the intention behind it.

A fair grievance procedure should give the employee an opportunity to explain their concerns and respond to relevant evidence. The outcome should be based on the facts available and communicated clearly. Employees should also be given an appropriate right of appeal.

RDC's guidance for employers on handling workplace grievances recommends a clear written procedure, an impartial investigation, a reasoned decision, an appeal process and comprehensive records of the steps taken.

Keep Good Records

Good record-keeping can make a big difference if an employment dispute arises. Keep appropriate records of recruitment decisions, performance reviews, disciplinary procedures, grievances, reasonable adjustments and other important employment decisions. Records should explain the reasons for decisions and demonstrate that relevant policies and procedures were followed.

Any records containing personal information should, of course, be handled securely and in accordance with data protection requirements.

Be Particularly Careful With Dismissals

Discrimination risks can arise alongside other employment disputes, including unfair dismissal and redundancy. Employers should be particularly careful when dismissing an employee who has raised concerns about discrimination, taken family leave, has a disability or has otherwise raised a potentially protected issue.

The fact that an employer has a potentially fair reason for dismissal does not take away the need to consider discrimination risks. A flawed process or inappropriate decision-making can expose a business to a claim even where the employer believes the underlying reason for dismissal was legitimate.

Get Advice Before a Problem Escalates

It is often easier and less costly to address a potential problem before it becomes a formal dispute. If you are unsure how to handle a discrimination complaint, grievance, performance issue or proposed dismissal, taking legal advice early can help you understand the risks and decide how to proceed.

At RDC Solicitors, our employment law team works with businesses of all sizes and provides practical advice on contracts, disciplinary and grievance procedures, discrimination and equality policies, redundancies and Employment Tribunal claims.

How RDC Solicitors Can Help

Preventing discrimination claims isn’t just about avoiding legal action. A fair and inclusive workplace can improve employee relationships, reduce conflict and help businesses retain valuable staff.

At RDC Solicitors, our experienced employment law team can help your business review its policies and procedures, advise on individual employee issues and support you when workplace concerns arise.

If you would like more advice on discrimination, equality policies or another employment law matter, contact us today on Bingley 01274 723858, Ilkley 01943 601173 or Bradford 01274 735511 to discuss how we can support your business.