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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.


    • Police
    • Latest News
    • Positive discrimination

    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.

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

    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.

    • Equality, diversity and inclusion
    • Latest News
    • 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
    • Equality, diversity and inclusion
    • Gender

    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...

    • Equality, diversity and inclusion
    • Gender
    • 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
    • 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...

    • Executive recruitment
    • Positive action
    • 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...

    • Age discrimination
    • Equality, diversity and inclusion
    • Gender reassignment discrimination

    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
    • Equality, diversity and inclusion
    • Latest News

    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....

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

    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...

    • Employment law
    • Equality, diversity and inclusion
    • Equal pay

    Equalities legislation: positive discrimination risks

    by John Charlton 8 Jul 2008
    by John Charlton 8 Jul 2008

    Thomases Jefferson and Paine have a lot to answer for: it was they, in the late 18th century, who proclaimed...

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

    First draft of Equality Bill could pave way for positive discrimination

    by Guy Logan 26 Jun 2008
    by Guy Logan 26 Jun 2008

    Harriet Harman will unveil the first draft of the Equality Bill before Parliament today – potentially paving the way for...

    • Employee relations
    • Employment law
    • Equality, diversity and inclusion

    Friday podcast: Carter and Carter is nationalised, the EC reviews UK information and consultation law, and how acceptable is positive discrimination?

    by Rob Moss 28 Mar 2008
    by Rob Moss 28 Mar 2008

    HR news and analysis including: Newcastle College buys a major part of Carter & Carter from administrators the European Council...

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

    Harman considers law change to allow positive discrimination

    by Greg Pitcher 20 Mar 2008
    by Greg Pitcher 20 Mar 2008

    The government has refused to rule out a change in the law to allow employers to discriminate in favour of...

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