Search

How can we help?

Icon

Unconscious Bias in the Workplace

Earlier this month, after being criticised for comments he made about the Black Lives Matter movement, Labour party leader Sir Keir Starmer made a promise during his LBC radio show that he would undertake unconscious bias training. Starmer had referred to the Black Lives Matter movement as a “moment” and was criticised for using unconscious, dismissive language. Starmer explained that he had meant to say “a defining moment”, before adding that he wanted to reduce the risk of unconscious bias and would therefore introduce unconscious bias training for all Labour officials, starting with himself.

What is unconscious bias?

ACAS describe unconscious bias as an unthinking favouring of “others who look like us or share our values”. Everyone holds unconscious biases; it is a normal part of brain function as it affords the brain a short cut to decision making, when being faced with lots of different information. However, if left unchecked, unconscious bias can result in actions being taken that are discriminatory.

How can unconscious bias impact the workplace?

Where the unconscious bias relates to a protected characteristic as set out in the Equality Act 2010, it can be discriminatory and could lead to a discrimination claim being brought. There is no differentiation in law between unconscious bias and conscious bias: a person can discriminate against someone even if they do not intend to.

Unconscious bias can also run the risk of reputational damage for an organisation. Starbucks was a prime example of this in 2018, when one of their shop managers called the police in relation to two black men who were innocently waiting in store for a friend. Over 8,000 Starbucks shops across the US were subsequently closed so that staff could undergo unconscious bias training – an attempt to salvage the company’s reputation.

Unconscious bias can raise further barriers to progress. For example, where unconscious bias seeps into recruitment and promotion processes, organisations could potentially be robbed of the opportunity to hire and promote the best talent throughout the business.

 

 

There is no differentiation in law between unconscious bias and conscious bias: a person can discriminate against someone even if they do not intend to.

What can employers do to help overcome unconscious bias?
  • Talk about unconscious bias with staff. Whether that be organising unconscious bias training or not, an awareness of unconscious bias will help staff get into the habit of challenging their own thought processes and decision making.
  • Encourage diversity and inclusion, particularly at senior levels. The broader the range of voices at the decision-making table, the more likely those decisions will positively impact all employees, as opposed to a select few.
  • Build in countermeasures such as policies and procedures that reduce the influence of individual characteristics. Examples include: name-blind recruitment, ensuring diverse panels are used to recruit staff and, using psychometric assessments during promotion.
  • Ensure that decisions are properly considered and evidenced. This includes recording the reasons behind decisions.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 15 July 2026
  • Employment

New guidance on interim relief: More applications, same high threshold

In certain limited unfair dismissal claims (such as those for automatic unfair dismissal relating to a protected disclosure) claimants can apply for interim relief. This is an emergency measure which essentially prevents a dismissal from taking effect until the claim has been heard.

Pub
  • 09 July 2026
  • Litigation and dispute resolution

The Arbitration Act 2025 – Factsheet

This factsheet outlines the major reforms and key developments introduced by the Arbitration Act 2025, including updates on summary disposal, jurisdictional challenges, emergency arbitrators, arbitrator disclosure duties, and governing law in arbitration proceedings.

art
  • 09 July 2026
  • Immigration

Right to Work Checks are changing from 1 October 2026: Is your business ready?

The Home Office’s new rules, effective 1 October 2026, will overhaul right to work checks and raise the risk of civil penalties for UK businesses.

art
  • 08 July 2026
  • Privacy and Data Protection

ICO prosecutes employee under the Data Protection Act for forwarding client data to his personal email address

The issue of employees taking confidential business information or personal data when moving to a new employer remains a significant concern for businesses.

Pub
  • 07 July 2026
  • Litigation and dispute resolution

Accelerating arbitration: Expedited procedures and key changes in the new ICC Rules – Episode 2

In episode 2, Jack Hobbs (Clarkslegal) and Christopher Howitt (Three Stone) explore how the latest expedited and highly expedited procedures under the ICC Arbitration Rules 2026 are transforming the landscape of dispute resolution.

art
  • 07 July 2026
  • Employment

6 month unfair dismissal rights: What employers need to know

Under the new Employment Rights Act 2025 the minimum period of service required to qualify to bring a statutory claim for unfair dismissal has been reduced from 2 full years to 6 months from 1 January 2027 onwards.