Within days of entering the White House, President Trump directed the undoing of DEI efforts within the federal government and took aim at workplace DEI initiatives. ‘DEI’ is the American term for what we in the UK more commonly call ‘EDI’, which stands for diversity, equity and inclusion.
Trump has called for the termination of “all discriminatory programs” and “ending racial and wasteful government DEI programs and preferencing”. He has also made the order that within the government, only two sexes will be recognised. Some of his justifications relate to cost, but others are focused on ending affirmative action and diversity hires, which some Republicans believe promotes discrimination and drives down performance. However, within the States, DEI programs are often wider than this and supporters of them say that they are still needed to close employment and wage gaps caused by historical and generational inequity.
Trump’s stance has created uncertainty across the world, subsequently leaving UK business leaders and HR professionals wondering whether this change does or will impact us? Is this coming across the pond?
Are attitudes changing?
In the US, large corporations such as Amazon, Meta, and McDonald’s have already begun to roll back their DEI measures and transgender protections following President Trump’s statements. This may mean that they reduce their emphasis on this in other jurisdictions too.
Given this, some UK employers may consider following the example of their US counterparts by placing less focus on EDI initiatives in the workplace. There is a risk that, while business leaders attempt to navigate the global influence of Trump, they may be swayed by the flurry of headlines and commentary from Elon Musk, who takes a particularly vocal view on the UK’s practices. Musk has taken the view since 2023 has been that DEI ‘must die’ and has assumed the UK will follow suit in reducing EDI efforts.
Some statistics reflect the trend that some employers are disengaging from EDI initiatives following the wave of emphasis on these issues in the wake of the #MeToo and #BlackLivesMatter movements. For example, a survey conducted by the Recruitment and Employment Confederation (REC) in 2024 illustrated that of 167 UK employers, 55.2% said they do not specifically state an interest in diverse candidates in job advertisements, which is an increase from 49.2% in 2023 and 47.9% in 2022.
In addition, the disparaging rhetoric reported by the media could also increase the risk of resistance from leaders, shareholders or the workforce regarding EDI. Negative attitudes and strong language, used by the likes of Musk and Trump, will heighten the likelihood of colleagues engaging in disparaging comments about this topic.
Therefore, UK employers should not assume all their board, shareholders and workforce are on board with the promotion and cost of EDI initiatives. Rather, they must be aware of changing attitudes and increasing polarised views, which can elevate the risks of pausing good EDI programs or lead to inappropriate behaviours from colleagues, potentially leading to workplace culture issues and discrimination claims.
What is the UK Government’s stance?
While the US, under President Trump, appears to be moving in one direction, the UK government is taking a different path. The UK’s Labour Government has not only maintained but enhanced the protection of Equality, Diversity, and Inclusion through the introduction of their New Bill of Employment Rights. This proposes increased protection against sexual harassment at work by third parties. The Government has also already required businesses to take all reasonable steps to prevent sexual harassment in workplaces from October 2024 (see article here) and provided for paid Neonatal Care leave from 6 April 2025 (see article here). These measures highlight the UK government’s apparent commitment to diverging from the US’s stance and placing greater responsibility on employers to protect employees in the workplace.
So the law in the UK has not changed (and in fact EDI is being strengthened), even if attitudes may be flexing.
What are the legal requirements around EDI?
The Equality Act 2010 (EqA 2010) prohibits discrimination, harassment and victimisation in employment as well as in other fields, such as the provision of goods and services. The specific protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. This includes duties to take steps to ensure that practices and policies do not discriminate against employees or job applicants due to these characteristics.
Further detailed guidance is contained in the EHRC Employment Statutory Code of Practice (EHCR Code), which does not impose legal obligations but can be taken into account by an employment tribunal in deciding whether discrimination has taken place. A breach of the EHRC Code may also, where relevant, shift the burden of proof to the respondent in a discrimination claim to provide an explanation of the reason for potentially discriminatory treatment
Discrimination in the working environment is prohibited both directly and indirectly, as well as through harassment or victimization. There are also specific requirements around those with disabilities requiring reasonable adjustments to be made to reduce any disadvantage. There are also wider protections for agency workers and those on part time and fixed term contracts, along with extensive policies to protect families and those providing care.
The risks of failing to effectively incorporate EDI practices and establish a fair working culture into your workplace can be costly. The Employment Tribunal reserves the power to make uncapped awards of compensation in successful discrimination cases, including injury to feelings awards of up to £58,700. Given that the number of high-value discrimination cases arriving at the UK’s Employment Tribunal remains rife, employers must be wary of the financial implications of failing to protect their workforce.
Do we have an affirmative action / diversity requirement in the UK?
Part of the concerns expressed in the US appears to be around ‘affirmative action’ or ‘diversity hires’. This is much less of a consideration here in the UK, where the EqA 2010 generally provides protection for persons with protected characteristics rather than requiring more favourable treatment. Employers are allowed to take certain steps to help disadvantaged or underrepresented groups, but it is not mandatory. Positive action can include measures such as targeted training and outreach programs, but it must be proportionate and aimed at overcoming or minimizing disadvantages.
Similarly employers are not required to make diversity hires, but they can if they wish to take positive action to encourage applications from underrepresented groups and to support their progression within the organisation. This is different from setting quotas or making hiring decisions based solely on protected characteristics, which would generally be unlawful.
The main areas within the EqA 2010 where there is a proactive obligation to take affirmative action include the following:
- Reasonable adjustments for those with disabilities.
- Accommodating those who are breastfeeding.
- Priority for alternative vacancies on redundancy for those who are pregnant, on maternity leave or with 18 months after birth.
- Genuine occupational requirements for a role (actor etc).
Why is EDI important to continue with?
Other than avoiding expensive Employment Tribunal claims as above, recognising the value of establishing an inclusive culture by actively taking steps to prevent discrimination and widen diversity at work can help foster a sense of belonging. While all organisations should strive to create an environment that fosters respect among all employees, maintaining a workplace with a strong focus on EDI initiatives can also yield numerous benefits.
High employee retention rates are often observed in organisations that prioritize EDI, as employees are more likely to stay with a company where they feel respected and included. Increased productivity is another significant advantage, as diverse teams bring a wide range of perspectives and ideas, leading to more innovative solutions and efficient problem-solving. A strong reputation as ethical employers can also be built through a commitment to EDI, which improves the reputation both externally and internally. As a result, this reputation can also enhance customer loyalty and brand image, as consumers are increasingly drawn to businesses that demonstrate social responsibility.
Companies known for their inclusive practices are also more attractive to top talent, making it easier to recruit from a larger pool of highly qualified candidates. A diverse workforce can also lead to creativity and innovation across the organisation. When employees come from various backgrounds and experiences, they bring unique viewpoints and approaches to the table. This wealth of perspectives can drive better decision-making and enhance the development of commercial strategies, making your business well-equipped to react to changes in the market.
What about for B Corps?
As a B Corp certified business, we have experienced the above advantages ourselves and see this through our B Corp clients.
An important pillar of being a B Corp business is a commitment to ‘JEDI’ – EDI with an added emphasis on Justice. JEDI is the framework for how we build teams, cultivate leaders, and make business a force for good. More information on this can be found here.
What can employers be doing now?
Given the unease spread through the headlines generated by Trump’s speech, we recommend that there are a few steps employers can consider, to ensure they are following regulations and that their employees remain well protected:
- Create an open and supportive culture: Employers should focus on creating an environment where people feel psychologically safe to ask for support. Adopting an inclusive culture can facilitate building trusted relationships with colleagues and a space where they are respected and empowered. Even if you feel you have a strong culture, reviewing the effectiveness of current measures is a good place to start, as it sends out a strong message that you remain committed to EDI.
- Act quickly on allegations of discrimination: In conjunction with setting clear company values, employers should be responsive and act quickly to any allegations of disrespectful comments or inappropriate behaviour. By not tolerating discrimination of any form, employers set clear standards about the level of respect required in the workplace. Even if people have changing views on the effectiveness of EDI/DEI they should still treat their colleagues with respect and without discrimination.
- Monitor and review recruitment processes: Employers should monitor and review their recruitment process to ensure any inequalities are addressed. Considerations like writing job advertisements in a gender-neutral manner, avoiding asking for historic pay information and salary transparency are likely to attract a wider range of applicants.
- Implement EDI and anti-Harassment policies: Ensure you have an EDI and anti-harassment policy in place that covers the messages you want to send. The principal aim of the policy is to send out positive messages to employees that you value EDI and take a proactive stance against discrimination. It is important that your policy remains up to date and contains key information about how to raise any concerns and report them to the right person within your organisation. While it is not a legal requirement to have an equal opportunities policy in place, the ECHR recommends it as good practice, and it can provide a level of protection in the event of Tribunal claims.
- Provide EDI training: It is important that your workforce, at all levels, undertakes EDI training, like on avoiding unconscious bias and/or avoiding unpleasant banter or sexual harassment. Regular training is key in ensuring employees understand the impact of their personal behaviour and how to raise concerns. It is important that managers and senior leadership also undertake additional training to understand how they should promote a fair and inclusive atmosphere in their teams.
- Take steps to prevent sexual harassment through a risk assessment: As above the law changed in October 2024 and all employers must now take proactive steps to risk assess and make changes around the risks of sexual harassment in the workplace. If you require any assistance in implementing these measures, our Employment Team, can provide you with our bespoke Prevention Against Sexual Harassment Toolkit.
Conclusion
While the US appears to be scaling back its DEI initiatives, our advice is to stay on track and continue the development of your EDI programs. Embracing diversity, equity, and inclusion is not just the right thing to do to avoid potential claims, but an asset that can maintain a happy workforce and drive long-term success. Therefore, employers should seize this uncertainty as an opportunity to create intentional and meaningful improvements to their EDI measures, to signal their commitment to making a workplace where everyone can thrive.
We have worked with many organisations both on putting in place suitable policies and keeping those up to date, as well as on rolling out training on equality and diversity. If this is something you think you need to give attention to, please get in touch with our experienced Employment team who would be happy to help.