The Equality Act: Is it Helping or Hurting Workplace Harmony

A new report by ‘Don’t Divide us’, titled “the Equality Act isn’t working: Equalities Legislation and the Breakdown of Informal Civility in the workplace”, paints a controversial picture; rather than fostering fairness, the Equality Act may be chipping away at the very civility it sets outs to protect.

A surge in Tribunal claims… with minimal success

• From 2017 to 2024, race-based claims under the Equality Act have nearly tripled, rising from a 285 to 829; a total of 5,523 over seven years.

• Yet only 5% of these have been upheld in Employment courts.

Evidently, overwhelmingly unsuccessful claims are on the rise – but why?

A culture of Grievance

The report debated that the Equality Act, implemented to diminish discrimination, has inadvertently constructed a ‘grievance-first’ culture. Barrister Anna Loutfi outlines that the act is currently encouraging employees to frame everyday workplace friction through the lens of protected characteristics. Therefore, what might once have been dismissed as typical friction now is brought as a formal accusation, fuelling the erosion of trust and team morale. Subsequently, the litigation mindset, now adopted by many, now undermines the credibility and authenticity of Race Discrimination and risks protection of actual equality.

‘Don’t Divide us’ campaigns for the fair treatment of individuals, shifting away from identity-based legal scrutiny and not reinforcing prejudice of victim and oppressors’ racial identities. Therefore, whilst the piece of legislation is prone to misuse, it is essential to uphold the dignity of its protection and its creation of safety, voice and belonging.

What this means for employers?

• Review policies and training to navigate sensitive conversations without triggering formal grievances.

• Encourage open communication and mediation to prevent escalation of disputes.

• Promote inclusion and mutual respect through everyday interactions as opposed to solely on legislation.

The Way Forward: Balance

The Equality Act remains pivotal in enshrining protection but equally is crucial in preserving the social fabric of everyday workplace interaction. A pivot towards civility, realism and employee cohesion as opposed to litigation could generate authentic and collaborative work relationships alongside stronger performance.

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