Equality Act: one step too far, and that’s no joke

Paul Luen

Let’s face it, for most people, having a laugh with colleagues is one of the joys of working life and one that makes being gainfully employed such a positive part of existence.

Workplace humour reinforces the sense of togetherness that makes great teams tick.

Well now that the Equality Act has been dropped on employers from a great height, that’s all got to stop. Under the new employment laws “third-party harassment” is officially outlawed. This means that if someone takes offence at a joke or some banter in the office – even if it’s not aimed at them or anything to do with them – they can sue their employer.

I can’t begin to express how ridiculous this whole notion is and how potentially destructive it could be for businesses and employees, with small businesses inevitably coming off worst.

An Orwellian society where employees feel Big Brother is perpetually on the prowl not only suppresses natural human instincts for interaction but also goes against modern thinking on how to communicate with employees

It’s blatantly clear that no one who has been involved in coming up with this misguided legislation has ever worked in a small business. If they had they would realise that brilliant teams and the dynamics within them are critical to the success of a small organisation - more so than in a larger, more disjointed company – and that the Equality Act is putting them at risk.

Creating some type of Orwellian society where employees feel that Big Brother is perpetually on the prowl and eavesdropping on their private conversations for evidence of “harassment” not only suppresses natural human instincts for interaction but also goes against all modern thinking on how to communicate with employees.

I’m proud of the brilliant teams and happy workforce who are the lifeblood of Martek Marine and central to the company’s success. And I know beyond any doubt that instilling fear into people at work and stifling emotional engagement with colleagues is not a productive way forward.

The Daily Mail has been predictably quick to condemn the new Equality Act, laying the blame largely at the door of the previous government for what it proclaims is “the end of the office joke”.

My standpoint, though, is not party political, but one of an entrepreneur. I know from experience that great teams and great companies are built on mutual trust and respect, not on encouraging a mentality of fearfulness and back-watching.

The Equality Act may have been created with the very best of intentions but for me, and for many business leaders out there, it’s a step too far.
 

 

3 comments about this article

comment by Simon Jones
I completely agree that good team dynamics are essential in a small business or organisation. However the Equality Act does nothing to damage this. It is mostly a "consolidation" of existing laws, some of which have been around for nearly 40 years. The previous poster makes the point that papers like the Daily Mail love to make up "scare" stories which are simply not true. I work with small businesses and you can find my guide to the equality act here: bit.ly/bzGC4t
comment by Simon Jones
I completely agree that good team dynamics are essential in a small business or organisation. However the Equality Act does nothing to damage this. It is mostly a "consolidation" of existing laws, some of which have been around for nearly 40 years. The previous poster makes the point that papers like the Daily Mail love to make up "scare" stories which are simply not true. I work with small businesses and you can find my guide to the equality act here: bit.ly/bzGC4t
comment by Darren Newman
I agree that small businesses can struggle to comply with employment law - and discrimination law can be particularly difficult. Can I make one or two reassuring points? First of all there is very little in the Equality Act that is new, its main purpose is to put a disparate range of existing legislation into one more convenient place. Lots of people have been hyping it over recent weeks and some of the press reports went way over the top. There are some important changes made to the law, but very few that will have a practical impact on small businesses. There is actually less to worry about than the Daily Mail would have you believe. On the specific point, the implications of third party harassment have been misunderstood. It is not about employees overhearing an office joke at all - it is about the need for employers to take 'reasonable steps' to prevent contractors, members of the public etc from harassing their staff. The duty only applies when the employer knows that the employee has been harassed on at least two previous occasions. I'm afraid the Daily Mail and other media outlets have a lot to answer for in spreading misinformation about the Act in particular and employment law in general. I'm not saying it is easy - but we need at least to start with accurate information. I'd suggest looking at the Acas website or directgov.uk which both provide an easy, accessible and above all accurate overview of the law, all for free. And if you want to see a rant about the Daily Mail, Duncan bannatyne and the Daily Mail, you can read my blog here: <a href="http://www.incotraining.co.uk/blog/index.php/2010/10/12/the-equality-act-and-duncan-bannatyne/" rel="nofollow">http://www.incotraining.co.uk/blog/index.php/2010/10/12/the-equality-act-and-duncan-bannatyne/</a>

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