Employers' bodies have welcomed the Equality Act, passed by parliament last week, for simplifying the UK's over-complex law in this area, while acknowledging that the legislation will create work for employers, and particularly HR professionals.
One of the more problematic ideas in the new law is positive action in recruitment.
The option to select someone from an under-represented group will only be lawful if the job candidates are "as qualified". The problem is that it is extremely difficult to determine whether candidates are as qualified as each other and recruiters are going to be reluctant to make a choice on this basis when an unsuccessful candidate might bring a claim of discrimination.
Where there are specific technical requirements or qualifications it may be possible to apply positive action but this is unlikely to apply to senior roles, and an important goal of equality law is to improve the proportion of under-represented groups in senior positions.
What employers need to do is to use broader criteria to assess candidates' experience and capabilities. This is better achieved by a holistic review of organisational culture and recruitment processes than through positive action.
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It is that time of year again. This week we launch the biggest celebration of HR excellence in the calendar, the invitation to enter the competition for a Personnel Today Award. Previous winners of the prizes now known simply as "the Awards" know what a lift it gives an HR team to go back to colleagues with official recognition that you are doing a great job. Turn to page 14 for more details.

Comments (1)
I work in the equalities field and have done so for the past 20 years. I welcome the equality act but it is far from perfect but I believ it is a step in the right direction.
What I believ is that what people need is a greater understanding of the issues that lie behind the legislation. The cost of inequality in an organisation is a huge drain on organisational resources.
I believe attitudes cause inequalities to take effect and that these are not mitigated by legislation.
Posted by George | April 11, 2010 9:45 PM
Posted on April 11, 2010 21:45