Drafting and implementing an equality and diversity policy
Drafting and implementing an equality and diversity policy

The following Practice Compliance guidance note provides comprehensive and up to date legal information covering:

  • Drafting and implementing an equality and diversity policy
  • EHRC Code of Practice
  • Content
  • Contractual status of the policy
  • Which protected characteristics should the policy cover?
  • Vicarious liability
  • Implementing the policy
  • Publicising the policy
  • Monitoring
  • Training
  • more

There is no formal statutory requirement in the Equality Act 2010 for an employer to have an equality policy. However, the EHRC recommends that as a matter of good practice, employers draw up an equality policy (also known as an equal opportunities policy or equality and diversity policy) and put this policy into practice. The EHRC's Code of Practice provides very helpful guidance about what the policy should contain. The EHRC Code of Practice does not impose legal obligations, but tribunals and courts must take into account any part of the Code that appears to them relevant.

EHRC Code of Practice

There is no formal statutory requirement in the EqA 2010 for an employer to have an equality policy.

The EHRC's Code of Practice recommends that a systematic approach to developing and maintaining good practice is the best way of showing that an organisation is taking its legal responsibilities seriously.

The EHRC Code of Practice does not impose legal obligations, but tribunals and courts must take into account any part of the Code that appears to them relevant. A relevant failure to comply with the Code may also shift the burden of proof to the employer in a tribunal claim to provide an explanation of the reason for the treatment concerned.

The EHRC recommends that employers draw up an equality policy