Discrimination of any kind should not happen. So, when it does, employers need to take swift and robust action. However, what happens when the discrimination is less easy to identify because it is caused by bias? The findings of a recent tribunal that the FCDO racially discriminated against a black senior servant has demonstrated what employers need to know. And it pointed to bias.
Case Background
In the case of Warner v Foreign Commonwealth and Development Office [2021] UKET 2207245/2020, allegations were made against Ms Sonia Warner (a civil servant of 33 years standing) by an organisation she said needed more scrutiny. They alleged that she was in a relationship with one of their employees. Ms Warner denied the accusations and an internal board investigated the case under FCDO policies. What followed was a painful 6-month process, during which Ms Warner felt isolated, unsupported and ‘othered’ by work colleagues.
Tribunal finds Bias
The tribunal found that Warner was “…treated with an unwarranted degree of suspicion…unfair assumptions were made…minds were closed….”. Ultimately, the tribunal felt that there was no reasonable excuse for the actions of the all-white group who completed the disciplinary process, which was poor and unfair. When comparing her treatment to that of a hypothetical “white civil servant with equivalent length of service and experience”, and examining the inadequate explanations from the FCDO, the court inferred that the “missing part of the explanation was the claimant’s race.” So the finding pointed to bias.
Key Takeaway on Bias
It is clear (and the Law!) that treating others in a disproportionately detrimental manner is discriminatory and wrong. Yet this case demonstrates that employers should examine decisions and actions that appear outside of the normal or unexplainable given the evidence, under the lens of discrimination. It is often a less straightforward path to perceiving discrimination when behaviour is not overt. However, bias whether overt or unconscious, can significantly impact outcomes, even if company policies lie within the legal frameworks.
Bias Awareness
Providing information on bias and error-prone decision making as well continuing to emphasise a zero tolerance approach to discrimination is something employers should aim for. Moreover, the opportunity to challenge biased behaviours and thinking styles is something that Unconscious Bias training can help with. Learning the skills to challenge self behaviour and that of others embeds the checks that ensure actions or decisions are not based on unfair and discriminatory foundations.
So click here, if you would like any support or training on any of the issues covered in this case.
