How To Legally Build and Support a Diverse Workforce in Your UK Business

By Sprintlaw UK Team | June 2024 | 8 min read

Building a diverse workforce in the UK isn’t just a buzzword - it’s quickly becoming a central pillar for business success and long-term growth. If you’re a new or growing business owner, you might be excited about the benefits diversity brings: more ideas, broader talent, and a stronger brand image. But how do you do it the right way, and what legal steps must you follow?

In this guide, we’ll break down everything you need to know about legally supporting a diverse workforce in your UK business. Whether you’re hiring your first employee or refining established practices, getting the legal foundations right from day one is essential. Keep reading to find out how to do it confidently and compliantly.

What Does a Diverse Workforce Mean for Your Business?

A diverse workforce goes beyond ticking boxes. It means employing people from different backgrounds, ages, genders, ethnicities, abilities, and life experiences. In practice, it often includes:

• Welcoming team members with different nationalities or ethnic backgrounds
• Offering opportunities to people of all ages (from young apprentices to older professionals)
• Supporting staff with disabilities or chronic health needs
• Encouraging representation of women, LGBTQ+ employees, and varied religious beliefs

Embracing a diverse workforce can help with innovation, problem-solving, and even attracting new customers. But there’s a key point: the law expects more than good intentions. Strong diversity practices must align with your legal duties as an employer in the UK.

Why Is Diversity Important - And What Are the Legal Requirements?

Diversity in your workforce matters for three major reasons:

• Legal compliance: UK laws (like the Equality Act 2010) make it illegal to discriminate against job applicants and staff in many ways.
• Better business outcomes: Diverse teams drive creativity and can outperform less inclusive competitors.
• Reputation and recruitment: Many top candidates look for inclusive employers. And customers notice businesses that reflect their communities.

Let’s start with the law. The Equality Act 2010 requires you, as an employer, to treat people fairly across nine ‘protected characteristics’. These include:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race (including colour, nationality, ethnic or national origin)
• Religion or belief
• Sex
• Sexual orientation

It’s unlawful to discriminate (directly or indirectly), harass, or victimise employees or job applicants based on these characteristics. This covers recruitment, promotions, pay, working conditions, and firing decisions. You’re also required to make reasonable adjustments for disabled employees to ensure they aren’t disadvantaged at work.

How Can I Build a Diverse Workforce Legally? Step-by-Step Guidance

Here’s a step-by-step approach for ensuring your workforce is both diverse and legally protected:

1. Review Your Recruitment and Job Adverts

• Make sure every job advert (on your website, job boards, or shop window) avoids biased or exclusionary language. Avoid requirements that aren’t needed for the job and could unfairly deter some groups.
• Consider using positive action - for example, encouraging underrepresented groups to apply - but avoid unlawful ‘positive discrimination’ (such as hiring someone only because of their background rather than suitability for the role). Learn more about the difference in this guide.

2. Use Objective Selection Criteria

• When shortlisting or interviewing, base your decisions on objective, job-related criteria. Keep clear notes to show your process was fair and justified if ever questioned.
• Train your team (and yourself) to recognise unconscious bias.

3. Make Reasonable Adjustments For Applicants and Employees

• If an applicant or employee discloses a disability, you’re expected to discuss and provide reasonable adjustments - for instance, flexible interview formats, adapted IT equipment, or changes to working hours. Not sure what’s ‘reasonable’? This guide breaks it down.

4. Ensure Your Workplace Is Accessible and Inclusive

• Check that your building or remote working tools are accessible for people with mobility, sensory, or other needs. Think ramps, lift access, accessible toilets, and assistive technology.
• Be mindful of shift patterns or religious holidays for staff of different faiths.

5. Set Clear Diversity and Equal Opportunities Policies

• Create a written equal opportunities policy that sets out your commitment to treating people fairly and how complaints will be handled.
• Don’t forget to include anti-bullying and anti-harassment measures in your staff handbook. Here’s how to draft staff policies that support a positive culture.

6. Provide Regular Training to All Staff

• Everyone - especially managers - should understand your diversity policy, legal duties, and how to spot (and prevent) discrimination.
• Training helps to reduce risk and shows you took reasonable steps to prevent unlawful acts.

7. Monitor, Review, and Take Action

• Collect anonymised diversity data (with proper data protection) to track your workforce profile. This can help identify gaps or areas for improvement.
• Act on feedback from exit interviews or staff surveys to address any barriers employees face.

No business is perfect - but regular review and a willingness to adapt will put you well ahead when it comes to building genuine diversity.

Which Laws Must My Business Follow To Build a Diverse Workforce?

It’s not just the Equality Act 2010 you need to know about. Here are the most important UK laws influencing your approach to building a diverse workforce:

• Equality Act 2010: Your primary anti-discrimination law. Covers recruitment, pay, promotions, training, redundancies, and dismissals.
• Employment Rights Act 1996: Offers broader employee protections, like the right to written terms of employment and protection against unfair dismissal.
• Data Protection Act 2018 & UK GDPR: Governs how you collect, store, and use personal data, including sensitive information about race, sexuality, or health. Read more on complying with privacy law in this guide.
• Health and Safety at Work Act 1974: Requires you to provide a safe, healthy, and accessible workplace for all staff, regardless of their needs or background.
• Working Time Regulations 1998: Set minimum rest breaks, holiday entitlement, and restrictions on working hours - which can impact certain groups (like parents, carers, or people with health issues).

Ignoring any of these can lead to legal claims, costly disputes, lost talent, and reputational damage. Staying compliant isn’t just “box-ticking” - it’s a shield for your business and your team.

What Documents and Policies Should I Have in Place?

If you want to show your commitment to diversity (and prove it if challenged), you’ll need to get your documentation right. Here are the essentials:

• Equal Opportunities and Diversity Policy: A written statement outlining your stance on equality, diversity, and inclusion, and what steps you’ll take to support these aims.
• Anti-Discrimination and Harassment Policy: Details what behaviour isn’t tolerated, how staff can raise concerns, and your investigation process.
• Reasonable Adjustments Policy: Explains how you’ll support those with disabilities or health needs at work.
• Clear Employment Contracts: These should clarify rights, responsibilities, and set out any specific arrangements (for example, flexible or part-time hours, adjusted duties). Our employment contract guide tells you what to include.
• Staff Handbook: This brings your policies together and ensures everyone knows the rules. It’s your best evidence that you’re meeting your legal duties.

Need help drafting these? Avoid templates or generic downloads - having them tailored to your business by a legal expert is the best way to be protected from the start.

How Can I Support a Diverse Workforce Once Hired?

Bringing people on board is just the first step. Keeping your diverse workforce engaged and thriving is an ongoing process. Here’s how to offer ongoing support:

• Promote Flexible Working: Let staff request hours or locations that work for their needs - this is a right for all employees. Here’s more on flexible working reforms.
• Monitor Promotions and Pay: Review your processes to check opportunities are based on merit, not background.
• Encourage Inclusive Socials and Training: Make sure events or activities are accessible and welcoming to all backgrounds.
• Open Feedback Channels: Have processes in place for staff to raise concerns or make suggestions without fear of retaliation.
• Handle Complaints Fairly: Take all complaints of discrimination, harassment, or bullying seriously. Investigate quickly, fairly, and confidentially. See our harassment guide for how to do this right.

Remember - retaining a diverse workforce is about more than policies. It’s about your daily actions, leadership, and genuine commitment. Regularly revisit your practices to keep improving.

Common Mistakes When Building a Diverse Workforce - And How To Avoid Them

We see a few classic slip-ups that can land businesses in hot water, even when intentions are good:

• Unconscious Bias in Hiring: Even ‘neutral’ criteria can sometimes disadvantage certain groups. Make sure you’re aware of potential blind spots.
• Ignoring Reasonable Adjustments: Not considering adjustments can lead to legal claims and loss of great candidates.
• Forgetting Data Protection: If you collect diversity data, you must comply with UK GDPR and only use such data for legitimate purposes.
• Poorly Drafted Policies: If staff don’t know your policies exist, or they aren't specific, they're less likely to be followed - and harder to defend if a tribunal claim arises.
• Lack of Training: Having great policies is useless if your staff (including managers) aren’t trained to follow them.

Avoiding these missteps keeps you on the right side of the law and helps build a team that thrives.

Do I Need Legal Advice to Build a Diverse Workforce?

The short answer? Almost certainly. Every business is different - your needs, risks, and obligations will depend on your industry, staff numbers, and even where you’re based. Getting things set up right from the start can save you heaps of time, money, and hassle further down the line.

Legal experts (like our team at Sprintlaw) can:

• Draft or review your policies so they’re robust and tailored to your business
• Check your hiring process for legal risks
• Guide you on reasonable adjustments and data protection compliance
• Help resolve tricky issues like allegations of discrimination or disputes

If you’re not sure whether your approach is legally sound, or want peace of mind, seeking legal guidance is always a smart move.

Key Takeaways: Legal Steps for Supporting a Diverse Workforce

• A diverse workforce means hiring, supporting, and retaining people from varied backgrounds, and it’s protected by UK law.
• You must comply with the Equality Act 2010 and related legislation throughout hiring and employment.
• Fair recruitment, reasonable adjustments, and objective selection processes are essential for compliance.
• Written policies (like equal opportunities, anti-discrimination, and flexible working) are crucial, and these should be bespoke to your business.
• Privacy is vital when handling sensitive employee data - ensure you follow UK GDPR and the Data Protection Act 2018.
• Success relies on ongoing support, training, and open channels for feedback in your workplace.
• Get legal advice early to avoid common pitfalls and protect your business as you grow.

If you’d like tailored advice or practical help to legally build and support a diverse workforce in your UK business, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat. We’re here to support you every step of the way!