A Glass of Class: Investigating and Remedying the Pitfalls of the Equality Act

Last year, industry discussions frequently highlighted the different treatment of Chartered Legal Executives and Solicitors. Consider the scenario below and ask yourself ‘why’?

‘A’ and ‘B’ are employed by the same company. ‘A’ qualifies as a Solicitor and is presented with a bottle of champagne; ‘B’ qualifies as a Chartered Legal Executive and is presented with a bottle of wine.

Chartered Legal Executives may come from lower income backgrounds, but once qualified, they are authorised to carry out similar legal work to their solicitor colleagues. Why then are they still perceived as inferior, receiving less pay or being denied career progression? Is this a result of pure ignorance or class discrimination?

In 2021 a YouGov survey indicated that 39% of UK adults believe it is becoming harder for people from less advantaged backgrounds to move up in British society. Further, 46% of UK adults believe that where you end up in society is mainly determined by your background and who your parents are.

If ‘social class’ were a protected characteristic under the Equality Act 2010, the treatment of ‘B’ in the scenario above could amount to unlawful discrimination. Regardless of any legal actions, treating some employees less favourably than others could lead to resentment, poor performance, sickness absence, and ultimately resignation.

With the current economic crisis, there is a greater need for social mobility, which could be achieved by amending discrimination legislation. In 2019 the Trade Union Congress called for the introduction of a 10th protected characteristic of ‘social class’ in the Equality Act 2010. A ‘social class’ protected characteristic would serve to eliminate class inequality not just in the workplace but in society as a whole.

The link between social class and discrimination had clearly been considered by the Government when preparing the Equality Act 2010 as section 1 imposes a socio-economic duty on public bodies when carrying out their functions. Public functions and services can shape the lives of individuals and contribute to the determination of social class. Unfortunately, the Government announced that the UK would not enact this section of the Act just days after it received Royal Assent.

Since then, both Scotland (in 2018) and Wales (in 2021) have enforced the socio-economic duty, with England still yet to follow suit. If section 1 is to remain inactive in England, should a 10th protected characteristic be introduced as an alternative? This would mean that employers would be deterred from discriminating against their staff on grounds of class.

There may be no current law prohibiting class discrimination in the workplace, but this should not stop employers from creating policies to educate their staff in relation to equality.

Psychologists have found that individuals from lower class backgrounds are better at recognising others’ emotions. On the other hand, individuals from higher class backgrounds tended to have a stronger degree of confidence. Surely recruiting a wider talent pool would lead to targeting and delivering a good service to a range of consumers/clients?

Recognising the qualities all employees can bring to a business/workforce, regardless of their social background (or any other characteristic for that matter), can increase productivity and profitability, therefore leading to many occasions worthy of bringing out the bubbly for all to enjoy.