Positive action

Positive action is the term used for permitted measures under the Equality Act to remedy the under-representation or disadvantage experienced by members of protected groups in the work place and in specific cases in the provision of goods, facilities or services. The relevant protected characteristics defined in the Equality Act are: race, sex, sexual orientation, gender reassignment, age, disability, marriage or civil partnership, pregnancy or maternity, religion or belief. Section 159 is a new provision which did not exist under the discrimination legislation which preceded the Equality Act 2010. Previously legitimate positive action chiefly consisted of training and special encouragement to be offered on a limited and targeted basis to under-represented groups. This kind of action aimed to enhance access to jobs and service opportunities, but did not permit selection for recruitment or promotion to take place merely because of under-representation. The new Section 159 permits what is usually impermissible: direct discrimination at the point of selection, because of the under-representation of people with a protected characteristic where two candidates are found to be of equal merit.

Note: There is a short introductory guide, also a longer more comprehensive guide with examples of measures – we recommend reading both.