In June of this year, equalities secretary Harriet Harman announced plans for a new Equality Bill; controversially, the bill will include provisions for ‘positive action to open up opportunities.’ Employers will be bracing themselves…

Minister for equality Barbara Follett says it ‘will create a step change in opportunities in modern Britain. Ensuring diversity – both by protecting vulnerable groups where necessary and by building their capacity in the workplace – is essential if we are to create a wide pool of talent from which business can recruit’.

The real controversey lies in the positive discrimination aspect of the new bill whereby ‘positive action’ can be used to tackle disadvantage. The official interpretation of this is that employers will be able to take under-representation into account when they are faced with a choice between two equally qualified candidates; i.e. it does not mean positive discrimination will be permitted – a person will not be awarded a job simply because they are black, disabled or a woman, regardless of their skill or qualification.

‘Equally qualified candidates’ – got to be a tricky one. Reaslistic/necessary or just political pandering?

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