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.