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ARTICLE · 14 AUGUST 2023

Employment Update - July 2023

Travers Smith LLP
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Where is the dividing line between lawful positive action and unlawful discrimination? This question is highlighted by a recent BBC News Report that an RAF internal inquiry has found their diversity...

United KingdomEmployment and HR
Ed Mills
Ed Mills
Tim Gilbert
Tim Gilbert
Siân Keall
Siân Keall
Adam Wyman
Adam Wyman
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1. In the News

Positive action or unlawful discrimination?

Where is the dividing line between lawful positive action and unlawful discrimination? This question is highlighted by a recent BBC News Report that an RAF internal inquiry has found their diversity targets aimed at increasing the proportion of women and people from ethnic minorities in the RAF led to discrimination against white men.

Employers can use positive action to encourage progression for individuals from underrepresented groups, for example providing support or mentoring, offering specific training, or targeting recruitment adverts in certain media outlets. But it is unlawful (with one narrow exception) to take a protected characteristic, such as race or gender, into account when making recruitment or promotion decisions.

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