Bridging the gap: an exploration of the use and impact of positive action in the UK

Despite laws in Britain permitting limited positive action initiatives to combat disadvantage faced by minority groups in employment since the mid-1970s, the subject has notoriously been a neglected and highly controversial area in the UK. Notwithstanding the potential provided by sections 158 and 159 of the Equality Act 2010, it still appears that organisations prefer to steer clear of this opportunity to address disadvantage suffered by protected groups. Whilst there is a body of work considering the theoretical importance of positive action in the UK, there is a lack of empirical exploration of the practical implications of these provisions. This paper will provide a brief overview of the theoretical context and current positive action legislative provisions within the UK. In light of this context, the early findings of a small-scale qualitative study carried out by the authors will be discussed looking at the experiences of a purposive sample of public and private employers in relation to the positive action provisions of the Equality Act 2010. Early research findings suggest that whilst there was a clear willingness and openness by employers to use of outreach measures in order to redress disadvantage, there was evident wariness regarding a move towards preferential treatment as expounded by section 159. Whilst respondents appeared to appreciate the business case for and utility of the positive action measures under section 158, there was far less enthusiasm for more direct preferential treatment, with many respondents raising serious concerns regarding this. These concerns often reflected a highly sensitive risk-based approach towards any action that could expose their organisation to the possibility of “reverse discrimination”

The Ethics of Engagement in the UK Public Sector: a case in point

Public consultation and engagement in public services has become increasingly important to UK governments. This has taken on greater significance for the Labour government as it releases increased funding into the public services. This paper provides a case study in stakeholder involvement in the development of the vision, values and goals of a new National Health Service Mental Health Trust. It does so within the context of the relationship model of public relations and the deontological ethical tradition. The case demonstrates how active stakeholder involvement can help formulate an effective mission and organisational structure which determine management priorities and organisational behaviour. It argues that the ethical motivation for such involvement is driven by a strong sense of duty and community rather than organisational advantage

Quasi-Federalism and the Administration of Equality and Human Rights: Recent Developments and Future Prospects – A Preliminary Analysis from the UK's Devolution Programme

Following the UK's move to quasi-federalism in the 1990s, the Parliament and Assemblies in Scotland, Wales and Northern Ireland gained powers over the promotion of equality of opportunity in the exercise of devolved functions. Constitutional law also placed human rights obligations on the regional administrations. Analysis reveals that the first years of devolution have seen a rapid growth and territorialization of regulatory bodies, such as commissioners, inspectorates, ombudsmen – whose remit includes these cross-cutting issues. Given the rise of distinctive sub-state ‘equalities infrastructures’ in the devolved nations, a key question is whether the dynamics of self-reinforcing feedback processes predicted by historical institutionalism offer the potential for more effective equality and human rights practice at the meso-level. While the discussion reveals a significant increase in the state's capacity to monitor and regulate, examples of innovation and policy transfer – and a cautious, yet generally positive, assessment by policy actors – a number of issues and shortcomings are also identified. These include limited government oversight and a lack of inter-agency coordination. Overall, the emerging evidence suggests that, from a functional institutionalist perspective, devolution has made advances in embedding the regulation of equality and human rights in the regional state; however, historical institutionalism indicates that, while devolution may be viewed as a ‘critical juncture’, notions of ‘path dependency’ towards more effective equalities practice are, as yet, unfounded and significant challenges remain