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Positive action

Under the Equality Act 2010, positive action means action that is taken to encourage certain groups, for example women or people from a particular racial minority, to take advantage of opportunities for employment if the purpose is to tackle their underrepresentation in a particular field.

Positive action is permissible under the Equality Act 2010. Examples of positive action include stating in the advertisement that applications from women are particularly welcome and using types of media for advertising that are likely to be seen by members of a particular racial or religious group.

Positive action, which is lawful, should be distinguished from positive discrimination, which is unlawful.


    • Age discrimination
    • Employment law
    • Equality, diversity and inclusion

    Is the law confusing around positive action and diversity in the private sector?

    by Ranjit Dhindsa 25 Feb 2022
    by Ranjit Dhindsa 25 Feb 2022

    Diversity in the workplace is unanimously agreed to be a good thing, but the law governing routes to achieving this is less favourably regarded.

    • Equality, diversity and inclusion
    • Latest News
    • Positive action

    Report recommends ethnicity pay gap disclosure

    by Jo Faragher 14 Jul 2021
    by Jo Faragher 14 Jul 2021

    Systemic racism persists in England, according to a report by the race equality think tank the Runnymede Trust.

    • STEM
    • Europe
    • Equality, diversity and inclusion

    Diversity, the final frontier: space agency seeks disabled astronaut

    by Adam McCulloch 16 Feb 2021
    by Adam McCulloch 16 Feb 2021

    The European Space Agency (ESA) is seeking new astronauts for the first time in a decade and D&I is among its major goals.

    • Equality, diversity and inclusion
    • Latest News
    • Positive action

    Firms rush to boost diversity but some over-rely on training

    by Adam McCulloch 4 Aug 2020
    by Adam McCulloch 4 Aug 2020

    Experts report a surge of companies looking to improve D&I – but some see training as a 'silver bullet' while others' motivations are questionable.

    • Service provision changes
    • Financial penalties
    • Discipline

    Top 10 HR questions April 2019: Maximum compensation, holiday entitlement and positive action

    by Brightmine 2 May 2019
    by Brightmine 2 May 2019

    The annual increase to the limits on compensation that can be awarded in an...

    • Social mobility
    • Gender
    • Equality, diversity and inclusion

    Eight ways to ensure diversity initiatives are fair

    by Dr Achim Preuss 17 Oct 2016
    by Dr Achim Preuss 17 Oct 2016

    After a BBC radio presenter claimed he was sacked for being a white man, is positive discrimination a fair solution...

    • Gender
    • Equality, diversity and inclusion
    • Positive action

    Practical ways to tackle diversity without positive action

    by Patrick Voss 14 Jun 2016
    by Patrick Voss 14 Jun 2016

    The BBC made headlines recently with claims it was favouring candidates from certain minorities and age groups. But if diversity...

    • Puerto Rico
    • USA
    • Discrimination

    Ten notable facts about Puerto Rico labour law

    by Felicity Alexander 12 Nov 2015
    by Felicity Alexander 12 Nov 2015

    Employers in Puerto Rico must take account of both US federal and Puerto Rico labour law. This dual legal system...

    • Employment law
    • Equality, diversity and inclusion
    • Discrimination

    How employers can take positive action to increase workforce diversity

    by Ashok Kanani 26 Aug 2015
    by Ashok Kanani 26 Aug 2015

    To what extent can employers take positive action in recruitment or promotion to increase workforce diversity? Ashok Kanani reviews the...

    • Positive action
    • Executive recruitment
    • Positive discrimination

    Should the UK introduce women-only shortlists for board positions?

    by Laurence O’Neill and Nizmeara Khatun 15 Apr 2014
    by Laurence O’Neill and Nizmeara Khatun 15 Apr 2014

    The lack of women occupying top spots in UK business is in the spotlight again, as business secretary Vince Cable...

    • Employment law
    • Equality, diversity and inclusion
    • Marriage and civil partnership discrimination

    Legal opinion: Flexible working and positive action for top judges

    by Linda Stewart 19 Dec 2011
    by Linda Stewart 19 Dec 2011

    Employment lawyer Linda Stewart looks at possible measures to improve judicial diversity.While the percentage of women and black, Asian and...

    • Equality, diversity and inclusion
    • Positive action

    Weekly dilemma: Positive action

    by Personnel Today 13 Apr 2011
    by Personnel Today 13 Apr 2011

    I’d like to provide more opportunities for women to work in my heavily male-dominated business, and I understand that new...

    • Employment law
    • Counselling
    • Equality, diversity and inclusion

    Positive action provisions could have negative effect

    by Personnel Today 8 Mar 2011
    by Personnel Today 8 Mar 2011

    Positive action will enable employers to provide preferential treatment during the hiring process, but is this a good thing? Jackie...

    • Employment law
    • Equality, diversity and inclusion
    • Positive action

    Legal Q&A: Positive action under the Equality Act 2010

    by Emma Bartlett 3 Feb 2011
    by Emma Bartlett 3 Feb 2011

    Q What is positive action?Positive action is one of the Government’s range of measures aimed at ending discrimination in the...

    • Employment law
    • Equality, diversity and inclusion
    • Positive action

    Equality Act 2010: Government implements positive action provisions

    by Laura Chamberlain 20 Jan 2011
    by Laura Chamberlain 20 Jan 2011

    The Government has confirmed that provisions on positive action will be implemented on 6 April, under the Equality Act 2010.A...

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