York Mr Ford and Mr Woodward were serving Police Officers on the all-male ‘kestrel team’ in Ipswich. In order to meet an alleged ‘operational need’ for female officers, Suffolk Constabulary decided to redeploy two of the Police Officers, and replace with female police officers. Bafflingly, the constabulary decided to ignore concerns from its own HR department that such positive discrimination is unlawful.
Employment Judge Warren agreed and decided that by removing the two men so that they could be replaced by two female officers was clear discrimination on the basis of sex.
The situation could have been saved if there had in fact been an operational requirement of the force to do this.
Also known as “objective justification”, such apparent discrimination can be allowed in rare circumstances if there is a ‘legitimate aim’ to the employer’s actions and it is ‘proportionate, appropriate and necessary.’
In this case, Judge Warren decided the justification did not apply as the protected characteristic must be essential for the performance of the job. In this case, there was no particular reason on the facts why there was an operational need in the kestrel team for female police officers.
Consequently both Mr Ford and Mr Woodward were awarded £11,483.28.
This case tells us that if trying to justify what would appear to be a discriminatory practice, you should be prepared to link the reason to the job. It is extremely rare that will work in practice.
If you are an employer considering changes to your workforce, or an employee who believes you may have been treated unfairly, it is important to seek clear legal advice at an early stage. Our Employment team can help you navigate these complex issues with practical, straightforward guidance. Please call us York 01904 716000 Wetherby 01937 583210 or Malton 01653 692247 or email law@warekay.co.uk.
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