RAF’s diversity recruitment may be discriminatory, tribunal says
A Royal Air Force's attempt to boost diversity in its recruitment drive may have prioritised those black, asian and females, a tribunal has said.
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Employment Judge Freshwater said it is “very clear” that black, Asian and minority ethnic and female candidates were “prioritised” for training places in the RAF.
The news comes as pilot and flying instructor Matthew Coverley tried to sue the Ministry of Defence (MoD) for race and sex discrimination after he was rejected from rejoining the RAF in 2020 and 2022.
But his claims were unsuccessful as the tribunal in Cambridge found he was simply ineligible to rejoin under RAF rules at the time.
Mr Coverley served in the Army from February 1996 to March 2018, before he was seconded to the RAF from 2014 until 2018, holding the rank of Warrant Officer Class 2.
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His application to rejoin in 2020 was rejected as he was not a commissioned officer when he left the military – and under RAF rules it meant he did not qualify to rejoin as a pilot.
In 2022, he applied again, but was told he did not meet the criteria for rejoiners and would have to apply as a new recruit.
But it was accepted by the MoD that positive discrimination had taken place within RAF recruitment generally, the tribunal heard.
Judge Freshwater said: “The fact of the admitted positive discrimination within recruitment in the RAF is sufficient that, in the absence of any other explanation, the tribunal could conclude that discrimination occurred.
"The tribunal rejects the submission that the policy of positive discrimination was never put into effect.
“It is very clear from the evidence before us that it was: BAME and female candidates were prioritised for the Officer and Aircrew Selection Centre and subsequent training. This was recognised publicly.“
An MoD report found that in 2020 and 2021, 161 candidates, who were either women or from ethnic minority backgrounds, were accelerated into training places ahead of other candidates.
The RAF said it accepted the drive amounted to positive discrimination, adding it will not “make the same mistakes again”.
The judge continued: "The fact that it applied only to direct entry and ICS candidates is relevant because, in this case, the claimant was told he was not eligible to rejoin.
“The fact that it applied only to direct entry and ICS candidates is relevant because, in this case, the claimant was told he was not eligible to rejoin.
“In 2022, he was told that he could only apply as a direct entrant, but that applications were not being accepted.
“The positive discrimination policy was therefore never applied to either of the claimant’s applications.”
The judge added: “It is understandable that Mr Coverley formed the view that he, also, had been discriminated against considering the publicity around the policy on recruitment.
“We accept that this is his honestly held belief and that he has pursued his claim in that light.
“There are certainly aspects of the handling of his applications, particularly in 2020, that were not dealt with appropriately.
“However, we do not think that he was discriminated against because of his race or sex.”