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RAF recruitment policy was unlawful positive discrimination

Published Jul 19, 2023

A recruitment campaign by the RAF in 2020 and 2021 to fast-track ethnic minority and female hires into training has been found to be positive discrimination and unlawful.

Leadership in the RAF had thought its policy was positive action that would increase diversity. However the approach was in fact discriminatory and as a consequence 31 men are set to be compensated due to missing out on cyber roles.

In the period from March 2020 to March 2021, 161 women and ethnic minority recruits were fast-tracked onto initial training.

RAF leaders believed they were acting lawfully but also “pushing the boundaries” of positive action.

The RAF’s recruitment team had been under pressure to achieve challenging diversity targets.

The case highlights how employers who start out with the good intention of balancing the diversity of their workforce can actually end up facing claims of discrimination and fines at tribunal.

Learning for employers

Employers cannot address an imbalance by using a protected characteristic (race or gender) as the basis for rejecting an individual who is the best for the job because this amounts to positive discrimination.

Here are steps that employers can take to simultaneously reduce the risk of claims whilst taking positive action:

  • Understand why an under-represented group are not applying for your vacancies. What are their specific needs and how can you meet these to become an employer of choice?
  • Consult with relevant groups, such as existing staff and members of the protected group to build recruitment and retention plans that meet that group’s needs
  •  Advertise vacancies in locations that are more likely to be seen by the group you are looking to attract
  • Attend and sponsor community events and organisations to build your profile locally
  • Establish diversity recruitment goals for your organisation although avoid setting individuals / teams specific targets to achieve as this may drive the wrong behaviours
  • Measure progress against your recruitment goals

Source: Gavin Parrott