Alicia Kearns MP raised her constituent Group Captain Elizabeth (Lizzy) Nicholl’s case and RAF illegal recuirtment practices at PMQs.
Lizzy Nicholl was forced to resign as Head of Recruitment at the RAF after being pressured into implementing illegal recruitment practices that prioritised women and BAME candidates over non-ethnic minority male candidates.
Despite a Non-Statutory Inquiry and Services Complaint Process vindicating Lizzy and concluding the RAF had implemented illegal recruitment practices, Lizzy is yet to receive compensation or justice. The inquiry concluded Lizzy had faced “significant and unreasonable pressure to meet diversity targets.” 161 cases of illegal positive discrimination have since been identified.
Alicia Kearns MP has seen documents showing the ex-Air Chief Marshall, Sir Mike Wigston, lied to then Defence Secretary, Rt Hon Ben Wallace, about the case in September 2022.
The Directorate of Army Legal Services (DALS) sent the RAF a legal report on 5th September, with an executive summary stating, “the recruitment policies of the RAF over the past 2 years generate a very high risk of successful legal challenge” and “the polices… are highly likely to be regarded as going beyond lawful ‘positive action’ and constituting unlawful ‘positive discrimination.’
Including the legal report by DALS, the RAF received legal advice on nine occasions from 3rd August 2021 – 5th September 2022 stating that both adopted and suggested recruitment policies has either a ‘high’ or ‘very high’ risk of successful legal challenge.
In the Minutes from the Air Force Main Board held on 7th September 2022 Air Chief Marshall Sir Mike Wigston told Defence Secretary, Rt Hon Ben Wallace, “CAS had asked the Chief of the Defence People (CDP) to conduct a swift review of the RAF’s recruiting practices; the review concluded that no evidence of actual discrimination had been found, however direction had been issued, when if acted upon would have left the RAF exposed to a high risk of successful legal challenge.”
The report the Air Chief Marshall referenced to make this claim was the legal report received from DALS just two days previously, on 5th September. It was explicit in highlighting adopted policies with a high / very high risk of legal challenge and multiple examples of legal advice given to the RAF since August 2021. It is clear the ex-Air Chief Marshall sought to mislead the then Defence Secretary over the RAFs illegal recruiting practices.
Lizzy Nicholl was offered £2000 compensation by officials during the election Purdah period. Alicia Kearns MP believes this was a deliberate attempt by officials to subvert Ministerial oversight and continue to campaign against Lizzy which saw her forced out of the RAF prematurely.
Alicia Kearns, Member of Parliament for Rutland and Stamford, said at PMQs:
“Group Captain Lizzy Nicholl had an exemplary career with the RAF until she was forced to resign for refusing to implement illegal recruitment orders. Despite inquiry after inquiry vindicating Lizzy on every count, the RAF and MoD have failed to offer her fair compensation and those responsible have just walked away.
Shamefully, during the purdah election period – In what I believe was an attempt to subvert Ministerial oversight - officials offered her a derisory £2000. I have documents proving beyond doubt that the former Chief of the Air Staff lied to the then Defence Secretary about her case.
If Prime Minister believes in righting wrongs, will he meet Lizzy and help ensure those responsible are held accountable and that Lizzy gets the justice she deserves.”
The Prime Minister, responding, said:
“I thank her for raising what is a very important case. I am not across the individual details, but it does need to be looked into. We will look into it. I will make sure she gets a meeting with the relevant Minister to lay out what details she has and get some answers for her inquiry.”
