‘I didn’t discriminate against her. I’m like that with all my employees.’
Welcome to the “bastard defence” school of leadership.
A bit of background: in the UK, a discrimination case under the Equality Act 2010 must identify how the claimant was treated less favourably, based on a specific protected characteristic.
One defence tactic is to argue that the respondent would have treated any colleague the same way. They can’t be guilty of discrimination because they treat everyone just as badly. Yes, they made rude comments and behaved dreadfully towards an employee, but it’s nothing personal.
That’s the “bastard defense”, or “equality of misery” principle.
Thankfully, UK employment tribunals systematically reject this defence.
Sadly, however, the tenor of this argument still surfaces far too often during internal disciplinary proceedings.
So, because apparently it needs repeating: no, being an equal opportunity workplace bully is no excuse for being a discriminatory lout.
Thank you for coming to my Ted Talk.
