In a recent Tribunal case the Lord Chancellor has come under fire for appointing his
Special Adviser from among his personal contacts rather than by open advertisement and
competition. As a result, established recruitment practices, such as head-hunting, are
being closely scrutinised and it may be questioned whether they are now in contravention
of the sex discrimination legislation.
Following the election of the Labour Government in 1997 the Lord Chancellor sought to
appoint a Special Adviser. He appointed Garry Hart, a Partner at a leading firm of
solicitors and a personal friend of the Lord Chancellor. It was clear from correspondence
that that personal knowledge had been a key factor in his appointment. The post was not
advertised. Following Mr. Hart’s appointment Jane Coker, a Partner in an immigration
practice, complained to an Employment Tribunal that she had been discriminated against on
the grounds of her sex. Ms Coker claimed that by failing to advertise the
