Equal opportunities policies

Case 15: The facts

Ms Arnold, an employee of Barnfield College, claimed that she had been discriminated against on the grounds of race when she was bypassed for promotion in favour of a black employee. This had happened, she claimed, because the college had an equality policy to address the under-representation of black employees through employment policies that favoured their appointment.

The ruling

The EAT held that the employment tribunal had been correct to note that there was no evidence of the employer consciously or unconsciously acting in the manner that Arnold described. It went on to hold that the existence of a policy to try to attract more ethnic minorities was insufficient to conclude that there had been discrimination on grounds of race.

The ruling makes it clear that a policy not to discriminate against one group of employees is not a policy to discriminate against another group.

Arnold v Barnfield College UKEAT/0544/03