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Equality, diversity and inclusionLatest NewsDiscriminationRecruitment & retention

Recruitment: RAF policies unlawfully discriminated against white males

by Adam McCulloch 30 Jun 2023
by Adam McCulloch 30 Jun 2023 RAF Cranwell in Lincolnshire, where many of the RAF's candidates are selected.
Photo: Alamy/PA
RAF Cranwell in Lincolnshire, where many of the RAF's candidates are selected.
Photo: Alamy/PA

Policies designed to boost diversity among RAF recruits were unlawful, an inquiry has found.

Defence secretary Ben Wallace described the flawed recruitment drive as a “significant error” and a “cause for regret” for the RAF, while air chief marshal Richard Knighton, the RAF’s most senior officer said he apologised unreservedly to all those affected. These included the former head of recruitment, group captain Elizabeth Nicholl, who was forced to resign rather than implement an order she correctly had believed to breach equality legislation.

Knighton said responsibility for the unlawful campaign lay with incorrect legal advice. This had not foreseen how the push in 2020 and 2021 to fast-track ethnic minority and female recruits into training slots constituted positive discrimination, which is unlawful. The RAF had considered its policies were consistent with positive action, which is legal and designed to increased diversity.

As a result, at least 31 men were discriminated against, Knighton said, and had missed out on gaining cyber roles in the RAF. These individuals are being compensated.

Knighton added: “My focus as the chief is to make sure we learn the lessons from this and we absolutely do not repeat these mistakes.”

RAF recruitment

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What’s the difference between positive action and positive discrimination? 

Wallace said scrutiny was needed of how Nicholl’s views – which were based on legal advice she had received – were ignored and why she was put under that pressure to carry out the order to implement the recruitment drive. At the time, Nicholl was under air vice marshal Maria Byford, who reported to air chief marshal Wigston.

Last February, in evidence to parliament, Air Chief Marshal Wigston assured MPs that there was no unlawful discrimination against white men.

The report, the result of a non-statutory inquiry ordered by Air Chief Marshal Wigston in the wake of the furore, revealed that Nicholl had been right.

It also criticised senior leaders for not relying on reliable forecasts when setting ambitious targets to increase the ratio of women and ethnic minority recruits and examined allegations that Nicholl was the victim of institutional bullying because she had been forced to chase impossible diversity targets.

The report cleared the RAF of the bullying allegations but concluded that Nicholl had been right to call out the unlawful recruitment practices, which were already taking place when she took up her role in March 2021.

In the recruitment year to March 2020 and the year to March 2021, a total of 161 ethnic minority and female recruits were “pulled forward” onto initial training.

“We found that concerns were raised at the time by R&S [recruitment and selection] staff but that those who led the initiatives believed that they were ‘pushing the boundaries’ of positive action rather than acting unlawfully,” the report said.

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The report’s findings are the latest example of bad publicity for the RAF’s culture; last year the service was rocked by allegations of bullying and misconduct among members of the Red Arrows aerobatic team.

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Adam McCulloch

Adam McCulloch first worked for Personnel Today magazine in the early 1990s as a sub editor. He rejoined Personnel Today as a writer in 2017, covering all aspects of HR but with a special interest in diversity, social mobility and industrial relations. He has ventured beyond the HR realm to work as a freelance writer and production editor in sectors including travel (The Guardian), aviation (Flight International), agriculture (Farmers' Weekly), music (Jazzwise), theatre (The Stage) and social work (Community Care). He is also the author of KentWalksNearLondon. Adam first became interested in industrial relations after witnessing an exchange between Arthur Scargill and National Coal Board chairman Ian McGregor in 1984, while working as a temp in facilities at the NCB, carrying extra chairs into a conference room!

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