Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Employment lawEquality, diversity and inclusionEqual payPositive discrimination

Equalities legislation: positive discrimination risks

by John Charlton 8 Jul 2008
by John Charlton 8 Jul 2008

Thomases Jefferson and Paine have a lot to answer for: it was they, in the late 18th century, who proclaimed that all men are born equal. They were utterly wrong of course, but the notion has stayed with us ever since. Its latest manifestation in the UK is Orwellian equalities minister Harriet Harman’s Equality Bill which, if enacted, could have serious implications for HR professionals.

It’s worth noting that the minister has enjoyed the advantages of privilege. A Harley Street consultant’s daughter, she was educated at the elite St Paul’s School for Girls in West London and is the niece of Lord Longford. After studying politics at York University she trained as a solicitor before becoming legal officer for the National Council for Civil Liberties and later MP for Peckham.

Ironically this Blairite would probably fall foul of her own plans to allow positive discrimination in recruitment – except if she was up against a white male with practically the same background and qualifications as herself and they were competing for the same job. Highly unlikely of course: which is why positive discrimination could be a legal minefield for employers.

Any legislation would have to spell out clear guidelines for positive discrimination as it’s very rare that, say, two candidates are exactly matched for a given job. Discriminate against the better qualified one and legal action may well ensue.

Forcing employers to undertake pay audits will also create headaches for HR departments.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Equalities legislation works when it is mandatory and specific, such as insisting on quotas of specific groups in particular workplaces, or abolishing the mandatory retirement age.

However, at first sight Harman’s proposals seem far too woolly to push the equalities’ bandwagon very far forward.

John Charlton

previous post
Equal pay: ruling gives tribunals wider powers
next post
Jobs outlook: demand for permanent staff falls for first time since 2003

You may also like

Government publishes ‘roadmap’ for Employment Rights Bill

1 Jul 2025

Ethnicity and disability pay gaps: Ready to report?...

1 Jul 2025

One in eight senior NHS managers from black...

1 Jul 2025

Co-op equal pay claims move onto next stage

30 Jun 2025

Employers’ duty of care: keeping workers safe in...

27 Jun 2025

Progressive DEI policy is a red line for...

27 Jun 2025

When will the Employment Rights Bill become law?

26 Jun 2025

Graduate pay versus the living wage: an HR...

25 Jun 2025

Seven ways to prepare now for the Employment...

20 Jun 2025

BBC Breakfast bullying and misconduct allegations under investigation

20 Jun 2025

  • Empowering working parents and productivity during the summer holidays SPONSORED | Businesses play a...Read more
  • AI is here. Your workforce should be ready. SPONSORED | From content creation...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+