Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Age discriminationEquality, diversity and inclusionPositive actionRace discriminationReligious discrimination

Weekly dilemma Positive action

by Personnel Today 1 May 2007
by Personnel Today 1 May 2007

As a public sector organisation, we are in the process of writing our gender equality scheme. We have identified several areas of the workforce where women are highly under-represented. The Gender Equality Duty code of practice advises employers that they can use positive action measures to counteract the effects of past discrimination. We were thinking of introducing a fixed target of appointments within these under-represented areas over the next three-year period. Is this lawful?

Answer by Jacqueline McCluskey, senior associate, Dundas & Wilson

Aspirational targets are lawful, but quotas are not. With quotas, candidates are appointed because of their membership of an under-represented group (ie gender). This is known as positive discrimination, which is unlawful in the UK. Positive action, on the other hand, is permissible where an employer offers encouragement or training to under-represented groups.

Gloucestershire Police fell foul of the difference between these two measures after white male applicants brought tribunal claims challenging the appointment of lesser-qualified BME (black or minority ethnic) candidates.

The recruiting managers had not met their aspirational BME targets, which they treated as if they were quotas, so this crossed the line into positive discrimination.

Recently, the Association of Chief Police Officers called for a change in the law to allow positive discrimination for women and ethnic minority police applicants (Personnel Today, 24 April).

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

If you are considering positive action and targets, you should approach this in two stages. Review the gender breakdown of those people carrying out the role over the last 12 months, and identify whether one gender is under-represented. If this is identified, you can offer training or encouragement to applicants from the under-represented gender.

Before introducing aspirational targets, advise managers of the reason for the positive action, the fact that the targets are aspirational, and explain the difference between positive action and positive discrimination. To avoid positive discrimination claims, ensure managers are not penalised if they do not meet their targets.

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
on the move
next post
Companies escape corporate manslaughter convictions in the deaths of construction workers

You may also like

How neuroscience can unlock employee recognition

22 May 2025

Fewer workers would comply with a return-to-office mandate

21 May 2025

Redefining leadership: From competence to inclusion

21 May 2025

Consultation launched after Supreme Court ‘sex’ ruling

20 May 2025

Black security manager awarded £360k after decade of...

20 May 2025

RCN warns Darlington NHS trust over single-sex spaces

16 May 2025

Workers ‘wait and see’ as companies struggle to...

16 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

Tribunal finds need for degree in redundancy selection...

14 May 2025

Culture, ‘micro-incivilities’ and invisible talent

14 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+