Are there any time limits on the use of positive action?
No. The Equality Act 2010 imposes no time limits on the use of the positive action provisions. However, the Equality and Human Rights Commission Statutory code of practice on employment warns that, if positive action continues indefinitely without review, there is a risk that it may cease to be proportionate, given that any positive action that the employer has taken earlier may have remedied the preconditions for positive action (in other words, the disadvantage that the employer must reasonably think exists, may no longer exist because the earlier positive action has addressed it). The code recommends that employers that use the positive action power should indicate that they intend to take the action only for as long as the relevant conditions apply, rather than indefinitely, and that, during that period, they should review progress towards the aim of reducing the disadvantage or under-representation.