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Positive discrimination

Positive discrimination is generally unlawful in the UK. For example, an employer recruiting a person because he or she has a relevant protected characteristic rather than because he or she is the best candidate would be committing discrimination under the Equality Act 2010. It is also unlawful to set quotas to recruit or promote a specific number or proportion of people with a particular protected characteristic.

There are limited circumstances in which it is lawful to require a job applicant or worker to have a particular protected characteristic, for example where an occupational requirement applies. Equality and Human Rights Commission guidance gives the example of a women’s refuge requiring all members of staff to be women.

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


    • Indirect discrimination
    • Unconscious bias
    • Ethnicity

    Ethnicity pay gap reporting will not be mandatory

    by Adam McCulloch 17 Mar 2022
    by Adam McCulloch 17 Mar 2022

    The government says it will ‘help’ organisations tackle the ethnicity pay gap but will not make it mandatory.

    • Unconscious bias
    • Ethnicity
    • Latest News

    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.

    • Social mobility
    • Gender
    • Unconscious bias

    Law firm salaries’ relationship with diversity revealed

    by Adam McCulloch 8 Nov 2021
    by Adam McCulloch 8 Nov 2021

    A new study of law firms has revealed a degree of progress in diversity and a more complex pattern of identity .

    • Unconscious bias
    • Ethnicity
    • Latest News

    Businesses with racial equity achieve 58% higher revenues

    by Adam McCulloch 7 Jun 2021
    by Adam McCulloch 7 Jun 2021

    Businesses that actively confront racism with practical measures usually see an improvement in employee job satisfaction, loyalty, creativity and value.

    • Police
    • Ethnicity
    • Latest News

    Met Police wants clarity on using positive action to boost diversity

    by Ashleigh Webber 1 Jun 2021
    by Ashleigh Webber 1 Jun 2021

    Met wants to favour ethnic minorities over white candidates if equally qualified.

    • Unconscious bias
    • Ethnicity
    • Recruitment process outsourcing

    Black jobs matter: does the law curb positive action?

    by Mark Callaghan and Raoul Parekh 29 Jun 2020
    by Mark Callaghan and Raoul Parekh 29 Jun 2020

    Employers looking to take strong action to boost diversity must be very mindful of the Equality Act 2010.

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

    Union chief calls for positive discrimination for BAME women

    by Jo Faragher 23 Aug 2019
    by Jo Faragher 23 Aug 2019

    A union boss in Wales has called for positive discrimination in favour of black and ethnic minority women applying for...

    • Social mobility
    • Gender
    • Unconscious bias

    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...

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

    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...

    • Gender reassignment discrimination
    • Marriage and civil partnership discrimination
    • Equality, diversity and inclusion

    Equality Act: positive action and changes to discrimination law

    by Personnel Today 10 Jun 2010
    by Personnel Today 10 Jun 2010

    The Equality Act aims to let employers use positive action to boost workforce diversity. Daniel Thomas examines that and other...

    • Equality, diversity and inclusion
    • Positive discrimination
    • Sex discrimination

    Imperial Tobacco’s new female chief hits out at positive discrimination for women

    by Personnel Today 28 Apr 2010
    by Personnel Today 28 Apr 2010

    Imperial Tobacco’s new female chief has hit out at positive discrimination proposals to get more women into the boardroom.Alison Cooper,...

    • Police
    • Latest News
    • Equality, diversity and inclusion

    National Black Police Association chief calls for positive discrimination

    by Mike Berry 28 Oct 2008
    by Mike Berry 28 Oct 2008

    National Black Police Association (NBPA) chief Ali Dizaei has called for positive discrimination to be introduced into the police force....

    • Latest News
    • Employment law
    • Equality, diversity and inclusion

    London mayor Boris Johnson rejects positive discrimination

    by Louisa Peacock 22 Jul 2008
    by Louisa Peacock 22 Jul 2008

    London mayor Boris Johnson has ruled out the use of positive discrimination to increase the number of black and minority...

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