Discriminating against someone because of their race, sexual orientation or gender is wrong. That’s why I find it really hard to stomach the government’s latest effort at ‘improving equality’ in the workplace. The new Equalities Bill paves the way for positive discrimination in the recruitment process and small firms that want to deal with the public sector will be affected too.
It is a barmy effort, both in what it permits and also in how confusing and unworkable it will be. The proposed legislation states that when two candidates of ‘equal ability’ apply for the same job the employer will be allowed to choose the one which is ‘under-represented’ in the workplace.
Of course, phrases like ‘equal ability’ will keep the lawyers busy for years and it is a very subjective issue for an owner-manager. Who is the more able: someone with experience, qualifications, the right attitude, or the most prepared interviewee?
A lot of it is down to gut instinct - you hire someone because you think they’ll work out better than the other candidates.
The bill also attempts to deal with the thorny issue of representation. When do you decide whether a group is under-represented in your workplace? Arguably, you could base it on national averages. But some regions have higher concentrations of ethnic minorities than others. An employer in cities like Birmingham or London would have a multitude of different races on their doorsteps, but many parts of the country are still predominantly white.
Smart entrepreneurs look for the best ways to get ahead and just want to employ the best people they can. They don’t need to be allowed to discriminate on race or gender, they need to be allowed to hire the best without fear of getting sued. The new laws will only complicate a complex area and with any luck they’ll be defeated.