Confused HR colleagues misinterpret the Equality Act, says Kemi Badenoch

POORLY implemented diversity and inclusion initiatives are a result of a “fundamental misunderstanding” of the Equality Act, according to Kemi Badenoch, the commerce and trade minister.

Badenoch stated in a piece for the Sunday Times on 30 July, that livelihoods are in danger due to employees’ opinions, and she warned HR teams to steer clear of “snake-oil salesmen” who sell “dubious materials” that promise to fix their inclusion issues.

She wrote: “The Equality Act is a shield, not a sword. It is about preventing discrimination, not social engineering.

“There are no protected groups in the act, only protected characteristics. A white man is just as protected on the characteristics of race and sex as a black woman, yet many believe the act is there just to protect minorities when in reality it protects us all.”

She stated that in an effort to “wrestle the issue back from the activists and the professionally offended”, the Department for Business and Trade was working on useful methods to help businesses in their diversity and inclusion initiatives.

One of the issues raised by incorrect interpretation of the Equality Act was a risk of positive discrimination, Badenoch added.

The legislation says that it is lawful for employers to take positive action to help address inequalities at work, such as in the recruitment of minorities.

Badenoch added: “It is not the government’s job to write companies’ HR policies. However, it is our job to stop them from doing harmful things based on a misunderstanding of the law.

“I’m committed to bringing people together, rather than atomising them into identity groups, and helping businesses to focus on delivering healthy working environments, rather than becoming social regulators.”