Does any employment law cover this?
Does any employment law cover this?
Author
Discussion

fjord

Original Poster:

2,143 posts

166 months

Monday 26th August 2013
quotequote all
Internal job comes up at work.

It's a job that can be done by any person, it's not gender specific or anything.

Anyway, on the advert, the job clearly states at the bottom:

"Applications are particularly welcomed from females and those from ethnic minority backgrounds".

Basically saying, 'we need to tick diversity boxes, please apply so we can give you the job'.

Isnt this a form of discrimination against your average, white, british, christian male, and if so, is there any legal standpoint on this?

AGK

1,605 posts

184 months

Monday 26th August 2013
quotequote all
Claim you're transgender.

Guaranteed interview.

OvalOwl

981 posts

160 months

Monday 26th August 2013
quotequote all
fjord said:
Internal job comes up at work.

"Applications are particularly welcomed from females and those from ethnic minority backgrounds".

Basically saying, 'we need to tick diversity boxes, please apply so we can give you the job'.

Isnt this a form of discrimination against your average, white, british, christian male, and if so, is there any legal standpoint on this?
No, it's just box ticking. They don't need to offer the job to minorities, aren't there more women than man anyway? They are just saying you don't have to be a white geezer to apply.

Devil2575

13,400 posts

217 months

Monday 26th August 2013
quotequote all
fjord said:
Internal job comes up at work.

It's a job that can be done by any person, it's not gender specific or anything.

Anyway, on the advert, the job clearly states at the bottom:

"Applications are particularly welcomed from females and those from ethnic minority backgrounds".

Basically saying, 'we need to tick diversity boxes, please apply so we can give you the job'.

Isnt this a form of discrimination against your average, white, british, christian male, and if so, is there any legal standpoint on this?
No, because it doesn't say anyone can't apply.

Jasandjules

72,580 posts

258 months

Monday 26th August 2013
quotequote all
fjord said:
Isnt this a form of discrimination against your average, white, british, christian male, and if so, is there any legal standpoint on this?
Positive discrimination has been deemed lawful.

anonymous-user

83 months

Monday 26th August 2013
quotequote all
This isn't positive discrimination, and isn't unlawful. It is just saying "applications welcome".

Positive discrimination remains unlawful in most contexts, but the Equality Act allows for positive action in specified circumstances. See for example section 159, noting the caveats:

Equality Act 2010 said:
(1) This section applies if a person (P) reasonably thinks that—

(a) persons who share a protected characteristic suffer a disadvantage connected to the characteristic, or

(b) participation in an activity by persons who share a protected characteristic is disproportionately low.

(2) Part 5 (work) does not prohibit P from taking action within subsection (3) with the aim of enabling or encouraging persons who share the protected characteristic to—

(a) overcome or minimise that disadvantage, or

(b) participate in that activity.

(3) That action is treating a person (A) more favourably in connection with recruitment or promotion than another person (B) because A has the protected characteristic but B does not.

(4) But subsection (2) applies only if—

(a) A is as qualified as B to be recruited or promoted,

(b) P does not have a policy of treating persons who share the protected characteristic more favourably in connection with recruitment or promotion than persons who do not share it, and

(c) taking the action in question is a proportionate means of achieving the aim referred to in subsection (2).

ging84

9,548 posts

175 months

Tuesday 27th August 2013
quotequote all
this is not fair, there should be laws against encouraging people that aren't the OP, me or fellow powerfully built white men to apply for things such as jobs

streaky

19,311 posts

278 months

Tuesday 27th August 2013
quotequote all
Is it Pret a Manger?

Streaky

fjord

Original Poster:

2,143 posts

166 months

Tuesday 27th August 2013
quotequote all
ging84 said:
this is not fair, there should be laws against encouraging people that aren't the OP, me or fellow powerfully built white men to apply for things such as jobs
Can you imagine the uproar if they put on an application advert:

"We particularly welcome applications from white british, christian heterosexual males".

The phone in the editors office of the Guardian would explode.

princeperch

8,268 posts

276 months

Wednesday 28th August 2013
quotequote all
this sort of thing is v common in the civil service/public sector

0000

13,832 posts

220 months

Wednesday 28th August 2013
quotequote all
fjord said:
Can you imagine the uproar if they put on an application advert:

"We particularly welcome applications from white british, christian heterosexual males".

The phone in the editors office of the Guardian would explode.
Or "we particularly welcome applications from women of a certain age unlikely to take maternity leave".

I'm pretty sure (although not a lawyer or anything like one...) it'd end up being illegal one way or another that way round.