PJH Employment Law Solicitors Employment Law Solicitors  

Positive action?

by Philip

The Deputy Prime Minister has announced that the Government is considering a law to allow race and/or gender to be a factor in employers’ decision making if two candidates are equally qualified. Under the proposal the employer can lawfully choose a woman or the candidate from an ethnic minority if they are equally qualified over the white or male candidate.

Besides the issue as to whether this proposal will assist or harm race relations, there is also the very real, practical issue of the circumstances in which two candidates will be equally qualified.

Many of our larger, employer clients have sophisticated recruitment mechanisms involving the use of assessment centres. How often are candidates tied on the same score? At PJH law we recruit using a scoring system and we have yet to have a tie. It may well be that in practice this permissable tie breaker may not be used, given the infrequency of the tied score.

It is also slightly irksome that the government is proposing this. One of the most insidious ways that discrimination (on grounds of sex or race) manifests itself is appointment by cronyism.

Given that the PM is not limited to choosing mps when drawing up a cabinet (he can choose people who are not mps), it is surprising how many cabinet members are related: Ed Balls and Yvette Cooper, Ed and David Milliband, Wendy and David Alexander for a start. This proposal may be another example of do as I say not as I do. Employers may be more positive about this proposal if the Government led by example, starting with the cabinet.

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