Acumen News & Events

11 May 2010

Here come the girls?

Should Company’s attempt to redress the ‘balance’ between male and female staff levels. Or could they get more than they bargained for?

Certain sectors such are construction, building and trade are going to experience significant disparities between male and female staff levels. Should company’s attempt to redress the ‘balance’ by initiating ‘women only’ recruitment drives under the umbrella of the Equality Bill?

The Equality bill became law in April 2010, with most of its provision taking effect from October 2010.  The purpose of the Bill is to consolidate existing discrimination and equal pay legislation into a single Equality Act.

New Act; new laws?

The Bill replicates much of the existing legislation however some important changes are going to be introduced in the Bill which will directly affect recruitment. The most significant change to note is that positive action in recruitment and promotion policies will be allowed!

What does this mean for you?

Your company CAN chose a candidate from a disadvantaged or under-represented group in the workforce in the event of a tie-breaking situation between equally qualified candidates
.
So if a man and a woman apply for the same position in your company the woman COULD be successful in the event that the company is predominantly male.

But, employers beware!

The candidate for ANY vacancy which exists at your Company should be recruited and/or promoted based on merit alone. To base the recruitment and/or promotion on the basis of a candidate being from an under-represented group i.e. women in a male dominated company, will still be unlawful.

Steps your Company can take without breaking the law...Take positive action!

Redress the imbalance in your workforce by advertising jobs through a medium most likely to be read by the under-represented group e.g. women.


The Bill is due to take effect from October 2010 and we will have to wait and see exactly how businesses will be affected and whether the Bill make any practical difference? This will remain to be seen.  But the reality is an employer is unlikely to find themselves in a situation where two candidates are matched except for their race or gender,  so we would assume that the impact of the Bill, if any, will relate predominantly to situations where employees are overlooked for promotion.