UK Employment Insights: Tackling Unconscious Bias in the Workplace

Ushiya Bhatti, Legal Analyst

Ushiya works primarily on our US team as a Legal Analyst. She works on a diverse range of complex cases, including matters concerning employment and sexual assault.

What Is Unconscious Bias? 

Unconscious bias, or implicit bias, refers to the subconscious beliefs and views individuals may hold about the people around them. These subconscious beliefs are often shaped by our lived experiences and social conditioning. While these beliefs and views sometimes exist outside of our control or awareness, they can be deeply ingrained within us and affect the way we feel, think, respond, and/or perceive others. It is important to recognise the unconscious biases we hold and actively work to resist and unlearn them. As an employer, the most vital step to tackling or reducing unconscious bias in the workplace is to recognise and accept the fact that it exists. To illustrate, a common example of unconscious bias in the workplace is the assumption that women are the primary or sole caregivers at home. This bias can impact how an employer responds when a male employee requests hybrid or flexible working hours to care for his family and/or children, potentially leading to the rejection of his request.

Employers should not be treating employees less favourably or unfairly based on a ‘protected characteristic’. This should apply throughout the employment process, from when an employer advertises a job and begins the recruitment process to the rejection of candidates or termination of employees. This is because the Equality Act 2010 safeguards and protects individuals against discrimination based on a ‘protected characteristic’ at every stage of the employment process. The Act provides that the following are ‘protected characteristics’:

• Age 
• Disability
• Gender reassignment
• Marriage and civil partnership 
• Pregnancy and maternity
• Race 
• Religion or belief
• Sex
• Sexual orientation

Even if discrimination arises from unconscious bias, an employer can still be held liable under the Equality Act 2010.

What Does Unconscious Bias Look Like?

Unconscious bias can seep into every aspect of our lives, including our professional lives. As an employer, in order to tackle and reduce implicit bias in the workplace, it is important to understand what it can look like. The following are a few examples of how unconscious biases can affect employees:

1. Gender Bias 

This occurs when an individual subconsciously shows preferential treatment towards one gender over another. As mentioned above, unconscious gender bias can shape our perceptions of the roles each gender is expected to fulfil, both in the workplace and at home. For instance, employers or employees might judge or complain when a male employee requests flexible working hours to care for his family and children.  This can potentially lead to the employer evaluating a male employee’s request based on their subconscious belief that men are not caregivers rather than the merit of the request. Similarly, an employer’s perception of gender roles can affect female employees. For instance, female employees may be judged more harshly for possessing traits that are often considered ‘masculine’ such as being assertive or direct.

2. Racial Bias 

Although unconscious racial bias is subtle and discreet, it can affect the way employers perceive or treat employees of colour. This implicit bias can manifest as: an employer perceiving a white employee to be more suitable for a leadership role than an employee of colour, an employee being excluded from networking or social events due to stereotypes or negative assumptions associated with their race, certain employees being overlooked when promotional decisions are made because of their race, ethnicity, and/or nationality, etc. Another common example of unconscious racial bias is microaggressions in the workplace. These are often subtle and indirect forms of bias. For instance, telling an employee of colour, “You speak so well for someone from [insert racial group]”, can perpetuate damaging stereotypes.

3. Unconscious Bias Towards Pregnant Employees (Sex Discrimination)

Unconscious bias towards pregnant employees can manifest in different ways. For example, an employer might assume that a pregnant employee will be less committed to their role due to family obligations. Both employers and colleagues may perceive an employee as less dedicated or hardworking if they take longer maternity or family leave. Additionally, an employer may assign important, complex, or high-level tasks to other employees, influenced by the unconscious belief that a pregnant employee will be unable to dedicate the necessary time needed to complete the task.

How Can an Employer Reduce Unconscious Bias?

It is vital that employers take steps to reduce or prevent unconscious biases. An important step in this process is acknowledging the existence of unconscious bias and having the uncomfortable (yet needed) conversations. It is essential to understand the culture of your workplace before assessing what can be done to promote and encourage a healthier and safer work environment. As an employer, you can implement various strategies to help reduce unconscious bias in your workplace, such as:

• Creating a safe process through which employees can raise concerns or complaints.
• Providing staff cultural competency training.
• Encouraging an environment where employees can have open and honest conversations.