Nigel Grundy represented the Chief Constable of the Cheshire Constabulary this week in the Liverpool Employment Tribunal in the first ever legal case testing the positive action provisions in S159 of the Equality Act 2010.
The Claimant brought a claim for discrimination as a white heterosexual male on the grounds that the he missed out in a volume recruitment exercise because of the positive action steps taken under S159 at the end of the recruitment exercise when candidates from protected groups were treated more favourably.
The case involved consideration of the line to be drawn between positive discrimination which is unlawful and lawful positive action under S159.
The case tests the limits of positive action and is likely to have an effect upon how volume recruitment exercises are conducted in the future, in particular by police services across the country as they strive to improve diversity in their workforce and have a workforce which is truly representative of the communities they serve.
The Tribunal have reserved their decision and the outcome is expected in the New Year.
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