Dentons US LLP

09/18/2024 | News release | Distributed by Public on 09/18/2024 03:51

Embracing National Inclusion Week

September 18, 2024

With National Inclusion Week (NIW), founded by Inclusive Employers, due to start on 23 September, we look at what it means to be an "inclusive workplace" in practical terms and what businesses can do to honour NIW by implementing better employment practices. The theme for this year's NIW is "Impact Matters" - a call to action aimed at everyone across a business regardless of their position or role.

What does NIW celebrate?

NIW aims to raise awareness of the different needs, challenges, lifestyles and circumstances that employees have and the importance of embracing inclusion in the workplace. It is designed to shine a light on what diversity and inclusion entails for employees and how that can be incorporated into employment policies and recruitment practices to truly reflect the meaning of inclusion and bring it to life.

What can your business do to be inclusive and supportive?

Reviewing policies and practices

In light of NIW, and to ensure that changes already made to the law this year and those proposed by the new government, we encourage employers to review their policies and practices relating to inclusion in the workplace. As a quick reminder, the existing changes include an enhanced right to request flexible working, the introduction of carer's leave, changes to paternity leave, enhanced protection in redundancy situations for those on maternity/adoption/shared parental leave and a right to carry over untaken holiday because of family leave.

It can be easy to overlook updating an employee handbook or policy on a new statutory entitlement, but falling behind can be detrimental to workers and businesses. Employees who are unaware that such entitlements exist and might be juggling their personal and working lives with, for example, caregiving responsibilities, may end up ill and require more time off than if they had taken the leave. Businesses that do not update their policies may also find that managers find themselves in unnecessary arguments with employees about entitlements. Reviewing policies to ensure that they align with the statutory position is a good way of minimising such problems.

To future-proof the organisation and to create a compassionate, supportive and inclusive working environment, employers might want to go a step further and consider offering enhancements beyond statutory entitlements. This could be by providing paid (instead of unpaid) carer's and bereavement leave or extending paternity leave entitlement. Offering enhanced support through unpaid marriage leave, compassionate leave and free counselling can also go a long way. There are numerous possibilities, but even acknowledging the delicate balance between family life and work life through policy reviews can make employees feel recognised, supported and included.

Reasonable adjustments

To foster a disability-inclusive environment, the Equality Act 2010 places a positive duty on employers to make reasonable adjustments to avoid disabled employees from being placed at a disadvantage. Beyond making physical alterations to the work premises (such as lifts, ramps and auxiliary aids), it may also be reasonable for employers to adjust working patterns of employees with disabilities to allow time for necessary healthcare, such as doctor appointments or rehabilitation, or simply to accommodate the specific needs of an individual. Amending their duties temporarily or permanently may also be helpful in supporting them. We recommend that employers consider the obligation to make reasonable adjustments more broadly than just purely physical alterations to ensure they can demonstrate they have thought about what is "reasonable" and recognised that there is no "one size fits all". It is also worth noting that treating disabled people more favourably than other applicants during the recruitment stage is a lawful measure to promote their engagement in the workforce.

Positive action

In some circumstances (such as tiebreaker scenarios), employers may consider taking "positive action" to reduce a disadvantage or barrier that it reasonably believes people with protected characteristics (PC) may face compared to those who do not have that PC. Any such action would have to be a proportionate means of helping those with the PC to overcome a disadvantage, have their needs met and allow participation in a particular activity. If it does not meet these requirements, the action risks becoming unlawful positive discrimination. Positive action means that it is not unlawful to recruit someone who is of equal merit to another candidate, if the employer reasonably thinks that they have a PC that is underrepresented in the workforce and that people with such PC suffer a disadvantage connected to that PC.

More generally, employers are encouraged to advertise job vacancies to all potential candidates. If businesses wish to utilise positive action, the Equality and Human Rights Commission's guidance can be a helpful tool.

Flexible working

Since the shift in the way many people work was accelerated by the pandemic, and now with the recent legal changes on flexible working requests, there has been a heightened focus on the importance of work/life balance and flexible working. As an initial step, employers could use NIW as an opportunity to initiate discussions about flexible working and work/life balance, encouraging employees to engage in such conversations with their line managers. Providing training for managers and HR can be beneficial in helping them understand the wide range of personal circumstances that may necessitate different flexible working practices. Ensuring employees are aware of their right to make a flexible working request from day one of their employment, consulting with employees before rejecting a request and having responsive, well-trained managers handle the requests, can be an effective way of achieving a satisfactory outcome whatever the final decision. This could be especially beneficial for single parents (in particular, women, who still tend to have more caring responsibilities), caregivers, or simply those navigating personal challenges. Acas has a helpful Code of Practice on flexible working requests to which employers should refer.

Keeping up to date with important topics

Employers should consider how they wish to approach other widely discussed inclusion matters, issues such as ageism and menopause awareness. Reports suggest that many individuals may miss out on crucial career development opportunities due to age-related disadvantages. Offering upskilling courses, technology training and career mentorship could help support those age groups that find it most challenging to enter or remain in the job market. Moreover, with the growing emphasis on wellbeing and the increasing efforts to eliminate barriers and stigmas, employers could enhance their menopause awareness. This could be achieved by appointing menopause champions, providing dedicated spaces for respite, putting in place a menopause policy and making reasonable adjustments.

Key takeaways

There is a broad spectrum of actions that can be undertaken by employers, not only to support NIW but also to evolve into a more inclusive business. The practical steps we have highlighted in this article may offer sustainable, long-term actions that can help recognise and appreciate the diverse needs of the workforce, and the various measures that can be taken to cater for these needs. Employers may take these steps in the hope that employees who feel supported are more likely to show loyalty and dedication.

Businesses can sign up for NIW by registering here. If you wish to have your policies or recruitment practices reviewed, or seek general employment advice on how to become a more inclusive employer, please feel free to get in touch with us.