Reversing DEI commitments? Essential legal guidance for employers

Recent research has sent a clear warning to UK employers: 60% of workers would consider leaving their organisation if diversity, equity and inclusion (DEI) commitments were “diluted”. 

This isn’t just a cultural or reputational issue, it’s a legal and strategic one. While the US has seen a political backlash against DEI, with President Trump declaring such initiatives “dangerous, demeaning and immoral” and signing executive orders to end the “DEI era”, the UK hasn’t (yet) followed suit.

With some employers considering altering their approaches to DEI, Joe Shelston and Heena Kapadi from our employment law team explain the legal issues that ‘rolling back’ DEI can create and offer some practical guidance to ensure that your organisation remains compliant with UK law.

Not just best practice, it’s essential risk management

UK-based DEI initiatives are deeply rooted in the Equality Act 2010. The legislation provides protection for employees and places a clear duty on employers to prevent discrimination, harassment and victimisation based on nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. 

This means that having up-to-date policies, regular training and demonstrable commitment to inclusion aren’t just best practice, they’re a core part of managing legal risk. 

Some of the legal obligations that exist require employers to take positive steps to manage the disadvantages that certain groups may experience — for example, by making reasonable adjustments in an effort to support disabled colleagues or giving priority to colleagues on (or recently returned from) maternity leave when it comes to the availability of alternative roles in a redundancy situation. 

Employers must also be mindful of how they respond to legislative and case law developments.

For example, the Supreme Court’s decision in For Women Scotland v The Scottish Ministers (April 2025) clarified that, for the purposes of the Equality Act 2010, the terms ‘woman’ and ‘sex’ refer to biological sex only rather than gender identity, even where an individual holds a Gender Recognition Certificate. 

While this ruling provides legal clarity for employers, particularly around the interpretation of sex-based rights and the provision of single-sex spaces, it doesn’t diminish the separate and important protections afforded to transgender people under the protected characteristic of gender reassignment. 

The Equality Act 2010 continues to prohibit discrimination, harassment and victimisation on the grounds of gender reassignment and the duty to treat all employees fairly and with respect remains unchanged. In practice, this means that while policies and practices may need to be reviewed to ensure compliance with the clarified definition of ‘sex’, organisations must continue to foster inclusive workplaces and ensure that transgender staff aren’t subjected to less favourable treatment. The judgment shouldn’t be interpreted as a licence to roll back DEI commitments or exclude transgender individuals from workplace protections — rather, it reinforces the need for careful, lawful and equitable approaches to inclusion.

We’ve also witnessed cross-party political support for legislation that requires employers to take proactive steps to prevent sexual harassment in the workplace. Since 26 October 2024, employers have been required to take ‘reasonable steps’ to prevent sexual harassment in the workplace and this duty will be strengthened in October 2026 when employers will be required to take ‘all reasonable steps’ to prevent such behaviour. This reflects a strong and ongoing consensus in the UK that employers have a vital role to play in ensuring workplaces remain free from discrimination.

That said, being seen to publicly roll back on DEI commitments could create significant risk, particularly if the changes suggest that an organisation is willing to allow a culture that dismisses or fails to take seriously concerns around protected characteristics.

Employee expectations 

The data shows that DEI remains core to what UK employees expect from their workplace, albeit with notable differences across generations and ethnic backgrounds.

• Generational divide: Gen Z employees emerged as the most likely to consider leaving if DEI commitments were rolled back, with 68% indicating they would do so. This sentiment was shared by 64% of millennials and 47% of Gen X respondents.
• Ethnic disparity: 70% of respondents from black, Asian and minority ethnic backgrounds would consider leaving, compared with 56% of white respondents.
• Recruitment impact: Two-thirds of workers say that a company’s DEI stance is important when considering a new role.
• DEI policies: Over a quarter of employees (26%) say that their organisation lacks clear DEI policies, despite 30% highlighting such policies as a crucial driver of belonging in the workplace.

In a labour market where skilled candidates have options and increasingly choose employers whose values align with their own, organisations should be wary of moving away from DEI commitments.

Will the UK follow the US?

There are some signs that a shift is emerging in the UK as companies respond to developments across the Atlantic. 

GSK, for example, announced last year that it would pause diversity initiatives for UK workers, citing obligations under executive orders issued by President Trump. The company has removed diversity references from its website and suspended programmes such as women’s mentoring.

Similarly, Accenture has ditched its global diversity and inclusion goals following an evaluation of “internal policies and practices and the evolving landscape in the United States” in a move that will affect around 11,000 employees in the UK. 

The trajectory for other UK businesses remains to be seen.

DEI by stealth — the new normal?

Some commentators have identified that as political and social pressures around DEI intensify, a new phenomenon is emerging: ‘DEI by stealth’. The belief is that rather than launching high-profile campaigns or making bold public commitments, employers may be choosing to integrate DEI principles more subtly into everyday practices, policies and decision-making. 

This approach may involve revising recruitment procedures to reduce bias, updating training programmes to include inclusive language or quietly supporting employee resource groups, often without explicitly labelling these as DEI interventions.

Some may also perceive DEI as best embedded through incremental cultural shifts rather than dramatic changes to reduce resistance and ensure lasting impact. High-profile DEI failures or public controversies can also damage organisational reputation, so ‘by stealth’ initiatives may mitigate these risks by fostering change quietly and effectively.

Inclusive recruitment practices, policy updates that reflect religious or cultural needs and the integration of anti-bias modules into existing training programmes are all ways in which DEI can be embedded into an organisation’s culture. Employee-led inclusion groups or initiatives may be supported organically (for example, employees coming together around shared interests or experiences without formal structures) and diversity data may be collected and analysed to inform decision-making, even if not published externally.

However, the challenge faced by a strategy of implementing ‘DEI by stealth’ is that without clear communication, employees may not recognise an organisation’s commitment to DEI and a lack of visibility can hinder accountability and make it harder to measure progress. HR leaders should aim to strike the right balance between visibility and subtlety when it comes to DEI — it’s important to keep measurement and reporting strong while also making sure that key stakeholders understand why a quieter, more integrated approach might be the right fit.

Legal considerations for employers

Employers should regularly audit their DEI policies to ensure that they’re up to date, legally compliant and clearly communicated across the organisation. Transparent policies build trust and foster a sense of belonging. While the language around DEI may be evolving, visible leadership remains essential and many employees expect senior teams to champion inclusivity. Equipping leaders and managers with the right skills and mindset enables them to embed DEI values into everyday decisions and workplace culture.

Training should be regular and meaningful. Monitoring and measuring progress is essential, as is staying alert to political and legal developments to ensure that DEI remains workable and effective in a business context. 

Rolling back DEI commitments sends a message that, whether intentional or not, inclusion is negotiable. The real challenge for leaders isn’t just keeping DEI on the agenda but embedding it meaningfully through robust, measurable strategies that are integrated into legal frameworks and daily operations.

Talk to us

Whatever your perspective, the ultimate goal remains unchanged: to build workplaces where every individual feels respected, valued and able to thrive.

If you’re looking to develop tailored, legally-sound DEI policies or provide impactful training for your leadership team, our specialist employment lawyers are here to support you every step of the way.

Plus, as a certified B Corp, we’re committed to responsible business and driving meaningful change.

Talk to us by calling 0333 004 4488, emailing hello@brabners.com or completing our contact form below.