Question to the Department for Education:

To ask the Secretary of State for Education, whether any civil servants hired by her Department were recruited over another person on the basis of a protected characteristic in each of the last three years.

Civil Service recruitment must follow the rules set out in legislation within the Constitutional Reform and Governance Act (CRaGA) 2010, which outlines the requirements to ensure that civil servants are recruited on merit, via fair and open competition.

Compliance with CRaGA is overseen by the independent Civil Service Commission, which publishes recruitment principles setting out the detailed rules departments must follow.

For departments who use Civil Service Jobs to manage their recruitment, applicants are asked to provide diversity data on a voluntary basis only and no details are shared with hiring managers.

The positive action measures in the Equality Act 2010 allows employers to take proportionate action that aims to reduce disadvantage, meet different needs and increase participation.

Employers who choose to use positive action can help people who share a particular protected characteristic to overcome certain barriers under the measures. However, employers need to ensure they do this in a way which does not unfairly disadvantage other groups as this could amount to ‘positive discrimination’, which is unlawful.