Hi everyone, welcome to our September newsletter. This month, we’re diving into the landmark case of Turner-Robson v Chief Constable of Thames Valley Police, which tackles the important issue of positive discrimination. We’ll also be following the latest saga involving yet another professional serial litigant at the Employment Tribunal. Lastly, don’t miss our insights on how PJH Law is gearing up to help your business adapt to Labour’s upcoming changes in your Employment Rights!

If anyone missed last week’s case on equal pay, in Barnard v Hampshire and Isle of Wight Fire and Rescue Authority, click here to read it.

Positive Action or Positive Disaster? When Diversity Hiring Goes a Step Too Far!

In a landmark case of Turner-Robson v Chief Constable of Thames Valley Police, the claimants highlighted the complexities of workplace diversity initiatives. Three white police officers from Thames Valley Police, successfully challenged their employer in an Employment Tribunal after being overlooked for a promotion based on race.

This was due to an internal decision to appoint an “Asian” sergeant, Sidhu, to the role of detective inspector without holding a competitive application process. This move was reportedly part of an effort to improve diversity within the force’s senior ranks. Instead, it raised significant legal and ethical concerns regarding fairness and equal opportunity by the respondent.

The Tribunal heard that Superintendent Emma Baillie had been directed by her superior, Deputy Chief Constable Jason Hogg, to prioritise diversity in promotions. Despite being warned about the legal risks associated with not conducting a competitive hiring process, Baillie initiated the appointment.  The claimant informed his boss, in August 2022 that he was interested in the detective inspector role. However, Baillie decided to promote sergeant Sidhu without promoting the position or considering other candidates, effectively sidelining the experienced white officers.

Employment Judge Postle’s ruling was clear; the officers had been subjected to positive discrimination. The judge emphasised that the superintendent’s actions not only disregarded the established promotion protocols but also unfairly disadvantaged the officers based on their race, which is a protected characteristic under the Equality Act 2010.

The Tribunal revealed that the promotion of sergeant Sidhu was justified by Baillie as part of a non-existent “BAME progression program.” Judge Postle stated that this retroactive justification was inadequate and that the decision-making process lacked due diligence.

The case raised concerns about how organisations balance diversity initiatives with fair Employment practices. While the aim of enhancing representation within the police force is extremely important, the Tribunal’s findings provide a reminder that such efforts must not be at the expense of fairness and equality for all employees.

This case is helpful to employers implementing diversity policies. It is a critical reminder that while promoting inclusivity is essential, it must be done transparently and fairly, ensuring that all candidates have the opportunity to compete for positions.

 

Litigation Remix: A Serial Litigant’s Playlist

In the case of Mallon v West Midlands Growth Company, the respondent argued before the Midlands West Employment Tribunal that the Claimant, Christian Mallon, had curated a “playlist” of disability discrimination claims. This collection featured job applications for positions where he lacked relevant experience, leading to a series of legal battles following each rejection.

The claimant suffers with autism, ADHD, and dyspraxia. He acknowledged that he has brought multiple claims, but insisted they stem from genuine grievances as he seeks Employment. Employment Judge Kight dismissed the respondent’s request to strike out the claimant’s claim, along with a separate request for deposit orders of £1,000 for each claim.

The Tribunal heard that Mr Mallon’s allegations focused on a failure to make reasonable adjustments due to a lack of auxiliary aids, discrimination related to his disability, and victimisation. In his application for a role with the respondent, a promotion and marketing organisation for the West Midlands, Mr Mallon submitted a generic CV, arguing that his background and skills were indeed relevant. He cited previous business development activities and claimed his conditions prevented him from customising his application materials.

Describing himself not as vexatious but as “an experienced and determined litigant who will not be deterred from seeking justice.”

Despite acknowledging the claimant’s extensive history of Tribunal claims linked to unsuccessful job applications, the judge clarified that while there were recognisable patterns in his application methods, this history alone did not justify deeming his current claim as ‘vexatious’.

While admitting that Mr Mallon’s recent work history didn’t clearly align with the role in question, the Tribunal concluded that without hearing oral evidence, it couldn’t definitively determine whether his claim for reasonable adjustments was unwarranted or unlikely to succeed.

As a result, the respondent’s requests were dismissed, allowing Mr. Mallon’s latest track in the courtroom to play on.

 

Employers, Are You Prepared? The 100-Day Countdown to the Employment Rights Bill Is Almost Here – Stay Ahead of the Curve!

A key part of Labour’s manifesto was its pledge to improve job security, wages, and workers’ rights.

With new legislation on the horizon, employers will soon have increased responsibilities when it comes to training employees on sexual harassment awareness.

To help you prepare for this, we are pleased to introduce Yoga HR’s dedicated Sexual Harassment Awareness courses. These courses are designed to help your business meet the latest legal requirements while promoting a positive and inclusive workplace culture.

Our mission is to deliver engaging, effective training that ensures compliance, enhances workplace culture, and equips your team with the knowledge they need.

Make sure your team is prepared, and your business stays compliant. Learn more about what we offer and see how we can support your training needs.

Are you an employer looking to keep up with Labour’s upcoming Employment law changes? Whether you need to update policies, implement new procedures, or just have some questions, join us at our upcoming seminar. Get expert insights, practical tips, and all the answers you need to keep your business on track.

For those we haven’t already, can register their interest by contacting emma@pjhlaw.co.uk.

 Lighter side of the News – Do you know a NEET?

A recent article this month on Fortune has highlighted the rise in young men classified as NEET—not in Education, Employment, or Training—reports serious questions about the future of both the UK economy and an entire generation of workers.

The question ultimately is what will the Labour government do to draw young men back into the work force, before our economy sees damaging long-term effects?

What is troubling isn’t just the numbers, but the cultural shift that seems to be influencing them. While women have been making progress in the workforce, benefiting from gender-balance targets and flexible working, young men are falling behind, not just in education but in ambition.

Official data from earlier this year paints a troubling picture of nearly 460,000 men aged 18 to 24 were classified as NEET during the first half of 2024, with over 60% of them not even looking for work. Since 2019, this figure has increased by 45%, while the rate for women has remained steady.

So, what’s going on? The mental health crisis is a significant factor, but so is the shift in societal expectations.

“We see the rise in mental health issues being felt quite a lot by young men,” said Laura-Jane Rawlings, CEO of Youth Employment UK. She noted that while young men tend to be confident during their education, that confidence often fades when it’s time to find work.

In contrast, young women perhaps feeling a higher financial burden are more likely to accept lower-paying jobs and stick with them. Corporate gender-balance initiatives and flexible work options have contributed to women’s success in the workforce, but many young men have been left behind, particularly in areas where industrial jobs once flourished.

The long-term impact is that this won’t be a temporary blip. The longer young people stay out of work, the harder it is for them to re-enter the job market, which can drag down the economy for years to come.

This issue stems from education. Young men are falling behind girls in school, limiting their post-education options, particularly when it comes to apprenticeships or other forms of employment. The situation was worsened in 2023 when a government-backed trainee program was scrapped.

Tackling the problem is about more than just finding jobs. Many young men still living at home, feel less urgency to take any job, unlike their female counterparts who may feel a greater financial push. One in three men aged 20-34 still live with their parents, compared to one in five women. And while inactivity levels have bounced back in other G7 countries, the UK is still lagging, with long-term sickness being a significant factor, especially among young men.

Mental health issues are also a big piece of the puzzle. Surveys show that nearly half of young people who are NEET report that poor mental health is holding them back from finding work.

The Labour government is facing a significant challenge, one that is not just about bringing young men back to work, but about addressing the  health and social issues that are keeping them out of work.

Feedback of the week

Collette, one of our qualified solicitors has received some lovely feedback this week.

Olivia H said:

“Couldn’t have asked for anything better! The whole process was made easy with Collette being very approachable and easy to talk to. She explain everything in detail and fully took the stress off me. Thank you for making it as smooth as possible.”