Diversity & Inclusion policies by employers should be based on Equality Act - does UK govt state this clearly anywhere?

[NonnyMouse1337]

If a private business / employer in the UK is setting up Diversity & Inclusion policies, a D&I committee etc, should these be based on the protected characteristics in the UK Equality Act?

My answer is yes, but does anyone know if there are any official UK government guidelines that clearly state this? I've tried searching online but it just throws up loads of these diversity training businesses peddling their stuff.

I don't quite know what I'm looking for but any government stuff I come across pertains to their own departmental procedures.

Are there government resources for HR that clearly state Equality Act should be the minimum? And anything else (like gender identity) is included as over and above the list of protected characteristics, instead of replacing it?

All organisations, whether in the private sector or public have to comply with the Equality Act. They have to comply with the law in regard to all of the protected characteristics when they deal with particular situations if and when they arise.

What they are not legally obliged to do is write an Equality and Diversity policy. But if they do have one, it cannot conflict with the Equality Act (or I should maybe say that whatever they write into their policy, if it leads to a breach of the EqA and there's a tribunal for instance, they'd lose).

Compliance with the EqA is the absolute minimum standard.

That doesn't really have to be written anywhere special, because both the law itself and the statutory guidance written by the EHRC make that clear. I would check out the various codes and guidance published by the EHRC if you're looking for something in particular.

You'll find a lot here in the EHRC's Employment: Statutory Code of Practice

Here is also a good explanation from a law firm about E&D in the workplace.

Thanks a lot for those links, CharlieParley.

It can be useful to point out to private businesses that it may be problematic should they face a discrimination claim. Two large businesses that I know of have recently changed there policies once it was flagged to their HR and legal departments that their policies did not cover the protected characteristics. Private businesses tend to respond when they realise there’s a financial risk to misrepresenting the EA.

That's a good point, BewaretheIckabog. I'll raise the point with that angle.