Are Gen Z workers more sensitive towards offense? Lydia Wawiye Senior Associate Employment Law Solicitor at Parfitt-Cresswell discusses the legal duty to care employers have.
Different people take offense at different things. It is especially true when combining people of different cultures and age groups, who will have a wide range of life experiences. It is possible that a friendly “banter” between generations can be a reason for another generation to sue. Gen Z is said to be particularly sensitive. This means that other generations may not understand their reactions to similar situations and find it difficult to understand them. It is important to have a clear understanding of what is acceptable and not under the law and for it to be applied consistently.
The Law
Gen Z complaints will likely be interpreted as a violation of the Equality Act 2010. Race, age, sex and disability are all protected characteristics. Other protected characteristics include marital status, pregnancy, religion, pregnancy or gender reassignment. The Act defines disability as a “physical or mental impairment which has a significant and long-term adverse effect on the ability of a person to perform normal daily activities”. The Act defines discrimination in four different ways.
Employees may claim “Direct Discrimination” when the protected characteristic is what has caused them to be disadvantaged. It can happen if an employer refuses to promote an employee based on a characteristic such as being young instead of merit. Your managers should not tell Gen Z employees they are too old for a job. Tell them that they must gain more training and experience before being considered for a role.
A claim for’indirect discrimination’ can also be made by an employee. The can also be used for a complaint about a behaviour that has triggered an employee. For example, a team-building event in which the venue, activity or catering make some people feel excluded. Obviously, it is important to manage people with disabilities in a sensitive way to ensure that their condition and needs are taken into consideration. You should also consider neurological disorders and mental health issues, like Autism. Some team exercises can be uncomfortable, and you may need to give introverts time away from your group to “re-charge”.
Listen to your team’s concerns and don’t assume that you already know what the problems are. It is often the failure to take concerns serious that causes problems. She was being difficult; everyone is allergic to something these days. ).
The Act defines ‘Harassment” as “unwanted conduct”. This can include insults, threats, or inappropriate remarks. The Act will count as harassment any misgendering that is deliberate or persistent. It can be done face-to-face, by letter, email, phone or social media. This can be done face-to-face or by phone, email, letter, and social media.
An employee can claim ‘Victimisation‘if he or she has already raised a complaint, and believes that they are being punished because of it. You can avoid these accusations by having transparent procedures in place for all your decisions. This will allow you to justify them if you are challenged.
The laws against discrimination are not absolute. There are exceptions to discrimination laws. Minimum wage). You can discriminate if national security is in question.
How can employers avoid lawsuits?
Employers have a responsibility to prevent bullying and harassment. Don’t wait until complaints come in, but take action now. You should meet with the person who is being targeted by jokes, nicknames, or comments in private to understand how they are feeling and then act accordingly. Make sure that they feel validated. Even if your direct target is pleased, others who have the same traits may feel harassed. If a Christian is called “God-botherer”, other religious workers may be equally offended, but not speak out immediately. In general, it is best to stop any jokes or name-calling at the expense of others.
The employer should have a policy (reviewed and approved by an employment attorney) that clearly defines discrimination with examples as well as the reporting process. Employers must make it clear in their policies, and by example, that they do not tolerate harassment or discrimination at work. Employees should know the complaints procedure and feel confident they will be heard.
Regular training on equality, diversity, and inclusion should include examples of abusive behavior. If you don’t discipline the offender, it will appear that you are tolerating this behaviour.
The new Bill
The Employment Rights Bill, which was introduced 10 October 2024, will increase the employment rights of workers when it enters into force. The Employment Rights Bill will require employers to take all reasonable steps to prevent harassment. It also includes harassment from third parties, such as clients/customers. Employers must therefore ensure that they have a zero tolerance policy.
The sensibilities of a generation can differ. The guiding principles are the same. Employers and managers must foster a respectful and safe workplace for everyone. This means that they need to be sensitive to any issues that could act as barriers to this.
