ED&I moment 

The ED&I Committee meet once a quarter and always starts the session with an ED&I Moment. One of the Committee Members presents a key learning to the rest of the group and this enables a discussion and time to reflect.

In the last Committee meeting of 2023, Ruth Thomas presented on Positive Discrimination and why Disability is Different and we are pleased to
share the key learnings with you.

Protected characteristics

• Age

• Disability

• Gender reassignment

• Marriage and civil partnership

• Pregnancy and maternity

• Race (inc ethnic or national origins,
colour and nationality)

• Religion or belief (including lack of)

• Sex

• Sexual orientation

Positive discrimination:
Most protected characteristics

Preferential treatment for people with a protected characteristic is ILLEGAL except where there’s a genuine occupational requirement.

This is because it involves discriminating against others (typically straight white men).

Positive action is permissible

Employers may choose to take actions targeted to specific groups, Eg.

• Career development initiatives

• Training events and courses

• Mentoring schemes

Must not discriminate against those not eligible – Eg the training must not be essential to getting promotion or bonus.

Positive action:
Recruitment & promotion

Can be used as a “tie-breaker” between two equally well qualified candidates where one is from an under-represented group.

It’s crucial to be able to demonstrate that the two candidates really are equally well qualified to do the job.

Disability is different

So is “pregnancy & maternity”, but that doesn’t affect the whole of anyone’s career.

Why disability is different

The Equality Act 2010 is asymmetric:
it protects disabled but not
non-disabled people (apart from where a non-disabled person might face discrimination because of their association with a disabled person, Eg a carer).

Disability discrimination: reasonable adjustments

Or “workplace adjustments”.

The most obvious form of positive discrimination or action – and legally required, Eg “disabled only” parking places and toilets Can cover a vast range of other adjustments.

Disability discrimination: Recruitment & promotion

It is entirely legal to advertise jobs as open only to disabled people (exception: local authorities may not do so but all other employers may). Well-known examples are Remploy and Royal British Legion Industries.

Disability discrimination: Recruitment & promotion

Restriction:
It is not lawful to restrict recruitment to only those with a particular type of disability.

So if you want to recruit, say, autistic people,you must be open to the possibility that a neurotypical deaf person might be the best for the job.

References

www.gov.uk/government/publications/positive-action-in-the-workplace-guidance-for-employers/positive-action-in-the-workplace

businessdisabilityforum.org.uk/knowledge-hub/resources/faqs-positive-and-proactive-recruitment-dstk