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The Situation
Affirmative Action in the UK - when will it happen? Unlike in the USA, in the UK we do not have broad race-based Affirmative Action in private industry. To prioritize someone for a job based on their race in the UK is in general illegal.
"A key difference between positive action and positive discrimination is that positive action is lawful (provided that the employer meets the conditions set out in ss.158 or 159 of the Equality Act 2010), whereas positive discrimination, generally, is not [legal] (see What "positive action" is permitted under discrimination legislation?).
In the recruitment context, unlawful positive discrimination would be where an employer recruits a person because they have a relevant protected characteristic rather than because they are the best candidate. It is also unlawful, for example, to set quotas to recruit or promote a specific number or proportion of people with a particular protected characteristic. There are circumstances in which it is lawful to require a job applicant or worker to have a particular protected characteristic, for example where an occupational requirement applies. However, these circumstances are rare."
This was and is nothing new and has been known for decades. The govt suggested that this was a new start to finally get down to tacking the problem so let's see how it went.
The Race Disparity Audit
Theresa May (Conservatives) carried out an Equality Audit in Autumn 2017 which concluded that there is wide and far-reaching direct and structural racism at all levels of UK society.
The summary of the report is here: Race Disparity Audit
Quotes:
"2.4There are disparities between ethnic groups in all areas of life affected by public organisations. Some are more pronounced than others or havea greater impact on people’s life chances and quality of life. In some areas, disparities are reducing, while in others, they are static or increasing."
The Initial Response
Using typical UK waffle the initial response was along the lines of this report.
Theresa May vows to tackle racism after report reveals shocking extent of discrimination in UK
"Theresa May will admit Britain has a long way to go to achieve racial equality after a major review laid bare significant divisions in the way black and ethnic minority people are treated."
The Prime Minister will also warn business leaders, government, police and other institutions that they have "nowhere to hide" and must ensure that race is never a barrier to people achieving their goals."
“These issues are now out in the open. And the message is very simple: if these disparities cannot be explained then they must be changed."
Theresa May vows to tackle race divide after report reveals extent of UK's racial inequality
More purposeful direct language would specifically state how we will achieve change but weasels weasel.
Pushed to respond
When pushed at a later date to respond by making the relatively minor change of implementing Blind CVs the following happened.
"Asked about affirmative action, May says she has presided over changes to recruitment practices in the police as home secretary. She adds that she “hasn’t looked at the possibility” of making blind CVs compulsory, adding she prefers working towards employers wanting to make changes, rather than forcing them through."
In short you are breaking the law but rather than enacting legislation to stop you we will wait for you to decide to stop. "Working towards" means very little in concrete terms. No hard and fast legislation was suggested to force companies to obey the law.
Ethnicity Pay Gap Reporting
It has been suggested that this might force companies to improve matters but as far as I know nothing has been done after the consultation was completed.
Ethnicity pay reporting
[OPTIONAL] Race at Work Charter
"The government has announced a ‘race at work charter’ containing a series of measures to tackle ethnic disparities in the workplace.
That’s why I’m delighted to launch the race at work charter, which gives businesses a clear set of actions to work towards in helping to create greater opportunities for ethnic minority employees at work.
Karen Blackett OBE, the government’s race at work champion, WPP UK country manager and chairwoman of Mediacom UK and Ireland, said: “Embracing diversity and inclusion is not a choice, it’s a business necessity. I’m committed to helping [organisations] address inequality at all levels by taking practical steps such as introducing apprenticeships, offering mentorships and capturing ethnicity data to create a more inclusive and representative workforce.”
Government launches race at work charter to address inequality
Race At Work Charter
So in this brave new fairer world how many UK companies have signed up to the [optional] and largely substance-less charter? A list in maintained here Race At Work Charter Signatories . Bear in mind that governmental, quasi-governmental and orginizations which are significantly funded by the government already have no choice in the matter.
The list currently has 178 entries. Minus the obvious govt/govt-affiliated bodies that list shrink by around 1/3 to 120 companies. A total of 120 OUT OF THOUSANDS that have signed up for the Government's half-arsed attempt to pacify the masses.
That is how far May's "determination", "nowhere to hide" threats, "commitment" and "vows" have got us.
And as we all know she is gone, Boris has the wheel, rinse and repeat.
In short they are not serious and I don't believe that anything serious will be done in this regard in the near (20/30 years) future.
Trump is bad but (and I say this through gritted teeth) he uses direct language.
Alternative View
Affirmative Action in the UK - when will it happen? Unlike in the USA, in the UK we do not have broad race-based Affirmative Action in private industry. To prioritize someone for a job based on their race in the UK is in general illegal.
"A key difference between positive action and positive discrimination is that positive action is lawful (provided that the employer meets the conditions set out in ss.158 or 159 of the Equality Act 2010), whereas positive discrimination, generally, is not [legal] (see What "positive action" is permitted under discrimination legislation?).
In the recruitment context, unlawful positive discrimination would be where an employer recruits a person because they have a relevant protected characteristic rather than because they are the best candidate. It is also unlawful, for example, to set quotas to recruit or promote a specific number or proportion of people with a particular protected characteristic. There are circumstances in which it is lawful to require a job applicant or worker to have a particular protected characteristic, for example where an occupational requirement applies. However, these circumstances are rare."
This was and is nothing new and has been known for decades. The govt suggested that this was a new start to finally get down to tacking the problem so let's see how it went.
The Race Disparity Audit
Theresa May (Conservatives) carried out an Equality Audit in Autumn 2017 which concluded that there is wide and far-reaching direct and structural racism at all levels of UK society.
The summary of the report is here: Race Disparity Audit
Quotes:
"2.4There are disparities between ethnic groups in all areas of life affected by public organisations. Some are more pronounced than others or havea greater impact on people’s life chances and quality of life. In some areas, disparities are reducing, while in others, they are static or increasing."
The Initial Response
Using typical UK waffle the initial response was along the lines of this report.
Theresa May vows to tackle racism after report reveals shocking extent of discrimination in UK
"Theresa May will admit Britain has a long way to go to achieve racial equality after a major review laid bare significant divisions in the way black and ethnic minority people are treated."
The Prime Minister will also warn business leaders, government, police and other institutions that they have "nowhere to hide" and must ensure that race is never a barrier to people achieving their goals."
“These issues are now out in the open. And the message is very simple: if these disparities cannot be explained then they must be changed."
Theresa May vows to tackle race divide after report reveals extent of UK's racial inequality
More purposeful direct language would specifically state how we will achieve change but weasels weasel.
Pushed to respond
When pushed at a later date to respond by making the relatively minor change of implementing Blind CVs the following happened.
"Asked about affirmative action, May says she has presided over changes to recruitment practices in the police as home secretary. She adds that she “hasn’t looked at the possibility” of making blind CVs compulsory, adding she prefers working towards employers wanting to make changes, rather than forcing them through."
In short you are breaking the law but rather than enacting legislation to stop you we will wait for you to decide to stop. "Working towards" means very little in concrete terms. No hard and fast legislation was suggested to force companies to obey the law.
Ethnicity Pay Gap Reporting
It has been suggested that this might force companies to improve matters but as far as I know nothing has been done after the consultation was completed.
Ethnicity pay reporting
[OPTIONAL] Race at Work Charter
"The government has announced a ‘race at work charter’ containing a series of measures to tackle ethnic disparities in the workplace.
That’s why I’m delighted to launch the race at work charter, which gives businesses a clear set of actions to work towards in helping to create greater opportunities for ethnic minority employees at work.
Karen Blackett OBE, the government’s race at work champion, WPP UK country manager and chairwoman of Mediacom UK and Ireland, said: “Embracing diversity and inclusion is not a choice, it’s a business necessity. I’m committed to helping [organisations] address inequality at all levels by taking practical steps such as introducing apprenticeships, offering mentorships and capturing ethnicity data to create a more inclusive and representative workforce.”
Government launches race at work charter to address inequality
Race At Work Charter
So in this brave new fairer world how many UK companies have signed up to the [optional] and largely substance-less charter? A list in maintained here Race At Work Charter Signatories . Bear in mind that governmental, quasi-governmental and orginizations which are significantly funded by the government already have no choice in the matter.
The list currently has 178 entries. Minus the obvious govt/govt-affiliated bodies that list shrink by around 1/3 to 120 companies. A total of 120 OUT OF THOUSANDS that have signed up for the Government's half-arsed attempt to pacify the masses.
That is how far May's "determination", "nowhere to hide" threats, "commitment" and "vows" have got us.
And as we all know she is gone, Boris has the wheel, rinse and repeat.
In short they are not serious and I don't believe that anything serious will be done in this regard in the near (20/30 years) future.
Trump is bad but (and I say this through gritted teeth) he uses direct language.
Alternative View