As a public authority and employer, fire services have a legal responsibility under the Equality Act 2010 to ensure that their employment practices, policies and service delivery are fair, inclusive and free from unlawful discrimination.
Under Section 149 of the Equality Act 2010, the Public Sector Equality Duty requires all fire services, in the exercise of their functions, to have due regard to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations between people who share protected characteristics and those who do not.
The National Fire Chiefs Council (NFCC) Core Code of Ethics supports these legal duties. It provides the ethical framework underpinning the culture, behaviours and decision making expected of everyone working within Fire and Rescue Services. With Equality, Diversity and Inclusion as one of the five ethical principles.
His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) 2023 report Values and Culture in Fire and Rescue Services covered all 44 fire services in England. It revealed that racism, misogyny and homophobia were prevalent in one-quarter of fire services. This underlines the scale of the challenge despite legislation and codes of ethics.
Many fire services have responded to these legal duties and HMICFRS findings by taking positive action which, when done well, can help address challenges around attraction and retention. But not if done in isolation from an inclusive culture.
My work with fire services has given me first-hand experience of both the opportunities and challenges that positive action can bring.
Organisations often misunderstand positive action and confuse it with positive discrimination
Where positive action applies
Organisations can take positive action where under-representation exists. For example, a lack of representation within the organisation compared to the society it serves. Or a lack of representation at certain levels of the organisation.
In that scenario, certain actions can be taken, such as encouraging specific groups defined by a Protected Characteristic to apply.
This might mean stating in adverts: “We welcome applications from the Polish community” due to a lack of representation. Or advertising on targeted recruitment boards.
It also includes providing targeted training, or training places, for specific under-represented groups. This is to remove barriers and increase the likelihood of successful appointments and promotions.
Internally, this might look like structured development programmes to attain a qualification required for a certain role. Or shadowing to expose candidates to different ways of thinking and working. This increases the likelihood of success at interview stage by building the confidence and capability that often form the real barriers to progression.
Finally, positive action can be used in a “tie-breaker” situation, favouring the applicant with a protected characteristic where the top-scoring candidates have exactly the same score. This should always be approached with caution, since it’s extremely unlikely candidates will have the exact same score. Even a single point’s difference should still go to the highest scorer.
When positive action goes wrong
Organisations often misunderstand positive action and confuse it with positive discrimination. Positive discrimination is unlawful unless it can be clearly justified that the post has a Genuine Occupational Requirement (GOR), meeting one or more of the tests of Decency, Sensitivity and/or Authenticity. The employer must decide this at the outset and specify it in the advert.
Too often, a lack of understanding around this distinction leads colleagues to believe that someone was appointed or promoted only because of their protected characteristic. That they had it ‘easy’ compared to others considered.
This perception is harmful. It undermines genuine efforts at equity, diversity and inclusion. And it takes away from a successful applicant who has met the requirements on merit. They have the skills and aptitude required for the role.
Their motivation can be undermined by rumours that they were only appointed because of a particular characteristic. The message being that they were given special treatment and aren’t really good enough.
Positive action can also go wrong when organisations give applicants from marginalised groups interviews simply to demonstrate inclusive practice. Candidates may then struggle to provide strong examples because they lack the necessary experience, and ultimately be unsuccessful. This may widen the talent pool, but it can also mean recruiting managers shortlisting and interviewing candidates who aren’t yet suitable. This can be seen as a failure of EDI and adds work to an already stretched service.
Once diverse applicants are in a role, they need to feel seen, heard and valued
The leaky bucket: why recruitment isn’t enough
Positive action can be part of the solution to creating an inclusive workplace. It increases representation and builds role models across the hierarchy. But, by itself, it’s destined to fail unless organisations support diverse staff throughout their entire employee life cycle.
The effect can be akin to a leaky bucket: constantly filling it, only to lose water in equal measure, with no noticeable impact overall.
Once diverse applicants are in a role, they need to feel seen, heard and valued. And receive the dignity and recognition they deserve. Otherwise, they either start looking elsewhere, which impacts retention. Or they acclimatise and become part of the problem: conforming to, and joining in with, the “banter” and unacceptable behaviours positive action was meant to counter in the first place.
Creating a culture where diverse talent can thrive isn’t the mandate of the EDI lead alone. It’s the responsibility of leadership. But it also sits with every individual to make a real difference.
The wider lesson
This lesson applies not just to the fire service but to any organisation that genuinely believes its people are its best asset. Unlocking real talent means giving people the space to be themselves. People thrive when they have the autonomy and opportunity to grow without restriction.
