The legal position regarding monitoring and good-practice pointers

Legal positionGood practice pointersLink to further information
RaceIncludes ethnicity, ethnic origin, national origin and colour. Legal requirement for public bodies to monitor ethnicity.• Do your employees know why you are asking them about ethnicity?
• Have you explained what you mean by ‘ethnicity’?
See the page in the guide on discrimination on the grounds of race
GenderThe law also protects married people, and those in civil partnerships, against discrimination.• Are there more of one sex in certain jobs?
• Flexible working can help to promote gender equality.
See the page in the guide on sex, maternity and pregnancy discrimination
Gender identityDisclosure of a person’s gender reassignment is a criminal offence.• Do not monitor if a trans person is likely to be identified.
• Do not monitor if you consider there is animosity in your workplace to trans people.
• If monitoring is carried out, you must guarantee confidentiality.
See the page in the guide on gender reassignment discrimination
DisabilityYou are required to make reasonable adjustments to help a disabled person give their best.• Don’t make assumptions about a person’s capabilities – talk to them.
• Maintain confidentiality – many disabled people do not want to disclose their disability.
• In some cases you can discriminate in favour of a disabled person when recruiting.
See the page in the guide on discrimination against disabled people
Sexual orientationNo legal requirement to monitor.• Are there any unvoiced barriers that prevent gay and lesbian colleagues giving their best or accessing opportunities?
• Make sure you don’t inadvertently identify gay or lesbian people.
• Make sure your workplace environment is inclusive of gay/lesbian people.
See the page in the guide on discrimination on the grounds of sexual orientation
Religion and beliefNo legal requirement to monitor.• Consider some awareness training in faiths and beliefs.
• Review your dress policy – some employees may wish to manifest their faith or beliefs in the way they appear.
See the page in the guide on discrimination on the grounds of religion or belief
AgeNo legal requirement to monitor.• Monitor agreed age bands and not individual ages.
• Focus on training and development opportunities.
See the page in this guide on age discrimination