Workplace Law Magazine is available only to Premium Members of the Workplace Law Network. Produced 10 times each year, it is distributed in hard copy format in the first week of the month, and is also available online.
Identity charade
When recruiting, should you pick the person who has the right skills and experience for the job, or concentrate on getting the right ‘mix’ of ‘types’ of employee – thereby selecting your candidate because they are, for example, Asian rather than because their skills match the role most closely?
Might sound like a ridiculous question with a very obvious answer for most employers, considering the needs of their business during the recruitment process.
It is, however, the kind of dilemma that employers could realistically face once the Equality Bill comes into force. The Government has stressed that, contrary to frequently published opinion, the new Bill will not permit employers to promote one candidate over another when they are “less suitable”, but that it will allow employers to consider addressing under-representation should they ‘choose to’.
This ambiguous position could quite feasibly leave employers wondering whether to err on the side of caution, or not. What is the likelihood of having two candidates apply for a role, who are precisely matched in their suitability for the role, except that one is black and one is white? If this was the case, the employer would surely opt for the black person — being the minority — in order to ensure they establish an appropriate ‘mix’ of employees in their workforce?
Where candidates are less closely matched in their skills and experience, but both are feasible and, again, one is black and one is white, employers may well feel that in order to avoid discrimination claims they would be safest to opt for the person in the minority group.
It’s hardly about ‘choosing’ to address under-representation — it’s about doing what you feel you have to in order to comply with the law, and trying to balance this with the needs of your business.
In this issue...
06 Legal calendar
Key legislative dates taking place in September and October.
08 Case law
- Landmark case rules discriminatory pay protection unlawful
- Student wins right to wear Kara bangle
Comment
07 Equality and diversity – what’s the difference?
Some diversity policies can unwittingly undermine equality by re-enforcing stereotypes, says Amy Bird.
17 The Equality Bill– chucking all discrimination in the same bag
The Equality Bill will bring together 116 pieces of legislation – are the provisions workable, asks Richard Nicolle.
Focus
10 One of each?
The new Equality Bill is set to extend ‘positive action’ so that employers can consider which groups are under-represented in their workforce when recruiting. But will this redress any imbalances or will it lead to employers trying to obtain ‘one of each’ in their workforce, regardless of talent? Claire Fuller investigates.
14 Discriminated against for someone else’s disability: the Coleman case
European Court of Justice (ECJ) has ruled Sharon Coleman’s employer discriminated against her because her son was disabled. If the ruling is applied in UK law, what could this mean for employers of other carers? Luke Tapp and John Macaulay of Greenwoods Solicitors investigate.
18 Transparency to cause friction in your workplace?
The new Equality Bill will contain measures to make companies more transparent because “we cannot tackle inequality if it is hidden”. But will publicising inequalities in workplaces cause problems for employers? Claire Fuller spoke to the Solicitor General, Vera Baird MP.
22 Employing deaf people: the Donaldson's school example
Taking on deaf staff presents several practical and legal challenges, but as the Donaldson School in Scotland illustrates perfectly, these can be effectively overcome through consultation. Sheila Gunn, Partner at Shepherd + Wedderburn, reports.
Network
24 The first woman in FM
An opportunity to work on some of the most exciting developments in the world proved too good to turn down for Facilities Manager Jane Stevens. KellyMansfield discovers how she is living up to the challenge of being the first woman in FM for a renowned Dubaian development firm.
26 Clinic
Workplace Law members ask the experts for advice on pay matters.
Technical
28 Legal update
In-depth technical guidance on: appearance-based discrimination; transsexuals and the Equality Bill; and office adaptations for pregnant workers.
The data
32 This month’s statistics
Key figures and information on health and safety and employment law.
0 (0)
