The Equality and Human Rights Commission has just published guidance for companies on the Equality Act 2010 and Board appointments. The 20 page guide is accessible on the website at www.equalityhumanrights.com. Key points are: -
- Appointments to Boards must be on merit, through fair and transparent criteria and procedures.
- Gender preferences are generally unlawful and the law does not permit positive discrimination in this regard.
- However, there is scope to address disadvantage or disproportionately low participation on Boards by enabling or encouraging applications from a particular gender.
- Discriminatory procedures and unwarranted assumptions based on gender are unlawful.
- As in other appointments, where, objectively assessed, there are equally qualified candidates of the opposite gender and one gender is underrepresented then a selection on the basis of gender may be lawful.
In terms of the Equality Act 2010, there is nothing new here but the guide provides a helpful refresher and reminder. For further information please contact Holly Dobson at [email protected] or on 0114 2666660.
