Police candidate rejected for being a white, hetero male

A 25-year-old man has been rejected for a Cheshire Constabulary position for being a “a white, heterosexual male without disability”, a tribunal heard.

Matthew Furlong, who is the son of a serving detective inspector with Cheshire police, applied for a job in the hopes of following in his father’s footsteps.

At the interview stage he was told “it was refreshing to meet someone as well prepared as yourself” and he “could not have done any more”.

However the 25-year-old was rejected, leading his father to lodge a complaint.

An employment tribunal was later launched in one of the first reported cases of its kind in the UK, Matthew’s lawyers say.

Matthew, who studied particle physics and cosmology at Lancaster University, has now won the case, which found Cheshire Police discriminated against him on the grounds of sexual orientation, race and sex.

His lawyers say it is the first reported case of its kind in the UK, after the employment tribunal ruled that Cheshire Constabulary used positive action – where employers take steps to recruit certain groups of people with different characteristics – but in a discriminatory way.

Jennifer Ainscough, an employment lawyer at Slater and Gordon, said: “Matthew was denied his dream job simply because he was a white, heterosexual male.

“This is the first reported case of its kind in the UK where positive action has been used in a discriminatory way.

“Matthew’s courage in speaking out will hopefully ensure it is the last.

“Had he not been such an exceptional candidate he may not even have suspected anything was wrong and this unlawful and unacceptable selection process may have been allowed to continue.

“Positive action is an important tool to support a diverse workforce that reflects the community in which we live.

“However it must be applied lawfully to ensure the highest calibre of candidates are recruited regardless of race, gender or sexual orientation and to ensure standards in police forces are maintained to properly protect our society.”

The tribunal in Liverpool heard four days of evidence before reaching its conclusion, published earlier this month, that Mr Furlong had been a victim of direct discrimination on the grounds of his sexual orientation, race and sex.

It ruled that while positive action can be used to boost diversity, it should only be applied to distinguish between candidates who were all equally well qualified for a role.

The force’s claim it had seen 127 candidates who were equally suitable for the role of police constable was a “fallacy”, the tribunal ruled, and imposing such an artificially low threshold – assigning candidates a pass or fail rather than any kind of score – was not a proportionate response to addressing the force’s lack of diversity.

Cheshire Constabulary was ranked 13th in The Inclusive Top 50 UK Employers List for 2018/19 – recognising efforts of organisations attracting and retaining a diverse workforce, to achieve equality, diversity and inclusion.

The list was compiled by a panel of judges, who made the selection using evidence from a combination of topics, including recruitment procedures, training and a host of diversity related initiatives.

The case has been adjourned until later this year for a remedy hearing to determine the amount of compensation to be awarded.

A spokesman for Cheshire Police said: “We have been notified of the outcome of the tribunal and will review the findings over the coming days.”

Ed: ilovemacc is convinced that achieving LGBT accolades has become more important to Cheshire Police than fighting crime – we’re guessing Mr Furlong’s detective father must believe the same to have brought the action.