A recent Guardian article highlights a stark warning from the Employment Lawyers Association: UK businesses face real legal risk if they follow US companies in retreating from diversity, equity, and inclusion (DEI) commitments.
While major US employers like Walmart and McDonald’s scale back DEI in response to political shifts, British companies are bound by very different rules. As Chair of the Employment Lawyers Association, Caspar Glyn KC, puts it, rolling back DEI in the UK is not only ’legally incoherent’, but it also actively increases the chance of discrimination findings.
Under UK law, employers are expected to take all reasonable steps to prevent discrimination and harassment. DEI isn’t a ‘nice to have’, it’s part of fulfilling that legal duty. Removing such policies weakens legal defence, damages employee trust, and signals that inclusion is expendable.
Without DEI policies in place, employers may be unable to defend themselves effectively against discrimination or harassment claims. But even beyond legality, there’s something more vital at risk: trust.
Employees, especially those from marginalised and underrepresented backgrounds, notice when commitment to DEI is performative. They see when values shift based on political winds. They know when safety is conditional.
So, here’s the challenge for UK businesses: stand firm. Do not allow DEI to become collateral damage in a transatlantic culture war. Show your workforce, and the wider world, that your commitment to inclusion isn’t a marketing strategy, but an ethical one. And simply good business practice.
Now more than ever, leadership means refusing to be swayed by fear or backlash. It means doubling down on policies that protect your people, reflect your values, and comply with your legal duties. DEI is not under threat because it failed, it’s under threat because it works.
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