Traceability

A recent ruling by an Employment Tribunal makes for fascinating and interesting reading.

According to the ruling by the tribunal in Liverpool, United Kingdom; the Cheshire Police Force had incorrectly, and invariably; used “Positive Action” to recruit people, but in a (rather subtle but nevertheless) discriminatory way.

Positive Action should not generally be thought to be the same (or imply the same meaning) as Positive Discrimination.

Whereas some forms of Positive Action are permitted under the Equality Act 2010, there is almost nothing positive about discrimination.

Rejecting a qualified candidate on the basis of his/her sexual orientation, race, and sex is not Positive Action but clear-cut discrimination.

Similarly, providing an automatic and unconditional priority to women; where men and women are equally qualified, and where duly qualified men and women are amongst the candidates; is not Positive Action but clear-cut discrimination.

Positive Actions involve employers consciously and proactively taking positive steps to help remove hurdles faced by sections of the community that are under-represented within their respective workforce; and doing this in a fair, transparent, traceable, and consistent hiring process.

Therefore, the decision by the Cheshire Police to reject Matthew Furlong’s application for a role at the force; because he is white, heterosexual and male; is unfair and discriminatory.

Positive action can be used to boost diversity within an organisation. But it should only be applied to distinguish between candidates who are equally qualified for the role that they had applied for. Candidates should be selected/hired on the basis of merits, suitability, and fitment for the roles that they had applied for.

Positive Action does not negate nor replace these key factors; on the contrary, it strongly complements and affirms them – when it is applied correctly.