We have been receiving a few enquiries from employers recently regarding how positive action works. The Equality Act 2010 makes it illegal to discriminate against people with "protected characteristics." These include sex, age and disability.
In limited circumstances an employer is permitted to lawfully discriminate in giving preferential treatment to people with a protected characteristic to encourage those people with a protected characteristic into the work force. This is positive action.
There are 3 circumstances under which the opportunity to use positive action arises. The employer would need to show that the group of people who had the protected characteristics were either at a disadvantage, had different needs or suffered from low participation in that industry.
To take action the employer needs to show that one of these criteria is realised through supporting evidence. In recruitment positive action can only be used as a tie-break between candidates of equal merit.
For further information or assistance please contact Holly Dobson at [email protected] or call 0114 266 6660.
