Harringay, Haringey - So Good they Spelt it Twice!
Illegal job advert?
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Permalink Reply by Suraya on
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No, that would not be justifiable as per my reply to your other comment above - the "positive action" clause can only be used to decide between applicants of equal merit, not to limit who can apply... but it's a grey area because job ads are not discrimination in and of themselves, but can be used of evidence of discrimination.
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Permalink Reply by Ian Craine on
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Hi, Suraya. sorry I've just realised you sent another reply which is on p2- very confusing. OK. It seems to be counterintuitive and could I imagine cause problems when applying for quality accreditation. And does that work in politics for example when parties state they are going to have women only applicants in certain seats to even out the numbers? The whole thing is an utter minefield.
(MESSAGE TO HUGH: Is it possible to get posts placed in strict chronological order? For example here Suraya seems to have sent two posts at about the same time and one ends up on page 2 and the other on page 3. So I replied to one without noticing the other. I realise that's because one was specifically a reply to another post on p2 (from me in fact) but it might be easier if we referred to name of poster and date but kept the chronology. Just a thought).
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Women-only shortlists? Yes, good question... I imagine they have sought legal advice on that one but also it would be an unusual case because being a candidate isn't a job but being an MP is, and it's constituents that select MPs not political parties, so discriminating among potential candidates is more difficult to argue that it is employment discrimination because being a candidate isn't employment. I'm not a lawyer though... this is pure conjecture. And even if I was a lawyer, it wouldn't be case law :-)
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Oh if you're interested in reading more about this kind of thing, the Employment Tribunal publish all their decisions on Gov.UK, and you can filter them by different criteria. I found it really helpful in understanding exactly where the bar is in terms of what is and isn't considered discrimination... well at this moment in history anyway.
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We could go on nattering about this forever I guess, Suraya. I can see you've thought about it quite a lot and you make pretty perceptive comments. It just occurs to me that though constituents select MPs they can only select them from the candidates chosen by the Parties and if the MP elected is from a Party who had a woman only shortlist then it's the Party that has created the act of discrimination- if indeed it is discriminatory.
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