“Barbenheimer,” as described on the internet as “extreme opposites,” refers to a concept of individuals or entities that are polar opposites in every possible way. In the context of personalities, opinions, or characteristics, Barbenheimer represents the farthest points on a spectrum.

Emphasising the significance of recognising individual differences, it becomes evident that not everyone fits into neat categories or conforms to societal norms. Acknowledging this diversity is crucial, especially in the workplace. Fostering a diverse and inclusive environment benefits both employees and businesses alike. Such a workplace promotes a sense of belonging, encourages open communication, and embraces varied perspectives. Ultimately, an inclusive culture leads to improved employee morale, increased innovation, and enhanced overall business success.

It’s not enough for employers to express their commitment to diversity and inclusion in their mission statements and policies. Employers must ensure the concept is embedded in their organisations and that their equality, diversity and inclusion policies are implemented fully and reviewed regularly. Is your Equality, Diversity and Inclusion (EDI) training up to date?  If it’s not, we can help you understand your obligations as an employer.

A recent tribunal case highlighted that “stale” EDI training (more than 12 months old) could not be relied on by the employer to give them a statutory defence to discrimination claims.

Under equality law, anything done by an employee in the course of their employment is treated as having also been done by the employer, regardless of whether the employee’s acts were done with the employer’s knowledge or approval.  Therefore, employers can be “vicariously liable” for discrimination, harassment or victimisation committed by their employees.

However, there is a defence to such claims if the employer can show that it took “all reasonable steps” to prevent the employee from doing the discriminatory act or from doing anything of that description.

So – what are “all reasonable steps” and when should they be taken? Reasonable steps will usually include:

• Having and implementing an equal opportunities policy and an anti-harassment and bullying policy and reviewing those policies as appropriate.
• Making all employees aware of the policies and their implications.
• Training managers and supervisors in equal opportunities and harassment issues.
• Taking steps to deal effectively with complaints, including taking appropriate disciplinary action.

Apart from the statutory defence to discrimination claims, we can provide EDI training for your team that will also contribute to:

• reducing the level and nature of complaints from clients or between staff members about discrimination or poor culture;
• providing better EDI credentials when tendering for contracts as this is an increasing requirement from our clients;
• furthering your commitment to Environmental, Social and Governance Issues, which are currently one of the biggest priorities for all organisations. These are a regulatory obligation for larger companies, but SMEs will eventually be brought into scope and may want to adhere to the standards early;
• increasing productivity and staff morale;
• retaining and attracting the best talent;
• reducing turnover and staff absences;
• limiting the financial and reputational costs associated with having to deal with complaints of discrimination.

Click here to enquire about EDI training for your business.

Click here to book a free review of your related EDI policies.