Positive Action verses Positive Discrimination
The Equality Act 2010 contains provisions concerning lawful "positive action”. This permits an employer to make actions to enable or encourage those, who share a protected characteristic, whom may suffer a disadvantage, or who have particular needs or are disproportionately under-represented.
These positive acts should be about removing barriers and allows employers to take positive, proportionate steps to enable or encourage such staff to overcome or minimise the disadvantage, meet their particular needs or encourage greater participation. There is, however a fine line and “positive discrimination” can occur when those, without the protected characters, are placed at a disadvantage due to the act. This is unlawful.
An inquiry has found that RAF recruitment policies (between 2020 and 2021) designed to boost diversity by fast-tracking ethnic minority and female recruits, discriminated against at least 31 men (whom have now been compensated).
Incorrect legal advice was said to be the reason for the unlawful campaign which saw the fine line being overstepped resulting in positive discrimination rather than the intended positive action by senior RAF staff.
Posted on 07/13/2023 by Ortolan
