WRU required to create more inclusive workplace culture

The Welsh Rugby Union (the WRU) has signed a legal agreement with the Equality and Human Rights Commission (EHRC) following an independent review which raised concerns that the WRU’s culture did not adequately protect staff from discrimination and harassment.

We consider the powers available to the EHRC to enforce compliance with equality legislation and learning points for employers arising from EHRC legally binding agreements.

The EHRC’s enforcement powers

The EHRC has a number of powers it can impose on employers to force them to comply with equality laws such as carrying out investigations, serving notices, entering into binding agreements, applying for injunctions and assisting and intervening in disputes.

What are ‘binding agreements’?

Where the EHRC thinks an organisation has committed an unlawful act, it may enter into a ‘binding agreement’ with the organisation. Under such an agreement, the organisation must undertake not to commit an unlawful act and, in return, the EHRC will refrain from taking enforcement action against it. If the EHRC thinks the organisation has failed to comply with an agreement, it may apply to the county court for an order requiring the organisation to comply.

A binding agreement includes an action plan for the employer to help address the issues that may have led to unlawful conduct which the organisation commits to delivering over a set period of time.

What is included in a binding agreement?

Actions employers have been required to take under binding agreements have included:

• Introducing mandatory training on diversity, equality and inclusion for all employees.
• Introducing training for managers on harassment and dealing with complaints.
• Communicating a zero-tolerance approach to discrimination.
• Reviewing and improving workplace policies, including introducing specific sexual harassment policies.
• Introducing a system to record and monitor discrimination and harassment complaints.
• Reviewing the use of non-disclosure agreements.
• Launching regular surveys to gauge employee opinions on diversity and inclusion issues and monitoring responses.

Comment

The EHRC’s binding agreements provide employers with an indication of actions that both the EHRC and employment tribunals expect employers to take to reduce discrimination and improve inclusion in the workplace.

Many of the actions are not difficult or costly to introduce and taking such steps will assist employers in defending any discrimination claims, in addition to improving workplace culture and equality.

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