What is the main purpose of the Equality Act 2010?
How do the positive action provisions in the Equality Act 2010 that relate to recruitment and promotion work?
Have all the provisions in the Equality Act 2010 been in force from October 2010?
Is there any statutory guidance for employers on the Equality Act 2010?
What is the right to bring a claim for discrimination arising from disability under the Equality Act 2010?
Under the Equality Act 2010, can an employee bring a claim for harassment where the unwanted conduct is not directed at him or her?
If a third party harasses an employee, will his or her employer be liable for the third party's actions under the Equality Act 2010?
What changes should employers make to their practices and procedures in light of the Equality Act 2010?
Under the Equality Act 2010 can an employer still ask questions about a prospective employee's health?
Is it a breach of the law on disability discrimination to ask about health during recruitment?
How is the obligation to make reasonable adjustments in the recruitment process affected by the rules on health enquiries?
Can employers make conditional offers subject to health clearance and then withdraw an offer if the health requirement is not met?
What new powers does the Equality Act 2010 confer on employment tribunals?
Does the Equality Act 2010 outlaw pay secrecy clauses?
Does the Equality Act 2010 outlaw associative discrimination?
Section 159 of the Equality Act 2010, which came into force on 6 April 2011, allows an employer to treat an applicant or employee with a protected characteristic (eg race, sex or age) more favourably in connection with recruitment or promotion than someone without that characteristic who is as qualified for the role. The employer must reasonably think that people with the protected characteristic suffer a disadvantage or are under-represented in that particular activity. Taking the positive action must be a proportionate means of enabling or encouraging people to overcome the disadvantage or to take part in the activity.
For example, if an employer that is recruiting for a management role considers that two candidates, one male and one female, are as qualified as each other for the role, it could decide to offer the job to the female candidate because women are under-represented at management level in the organisation.
The Act does not set out how to decide if two candidates are “as qualified as” each other. Guidance published by the Government Equalities Office on using positive action in recruitment and promotion (PDF format, 338K) (on the Home Office website) states that employers can take into account a candidate’s “overall ability, competence and professional experience together with any relevant formal or academic qualifications, as well as any other qualities required to carry out the particular job”.
Employers must not have a policy of treating people who share a characteristic more favourably; they should decide whether or not to take positive action on a case-by-case basis.
Are employers obliged to take positive action towards under-represented groups under the Equality Act 2010?
In what circumstances do the positive action in recruitment and promotion provisions apply?
What is the main risk for an employer that applies the positive action in recruitment and promotion provisions?
What is the difference between positive action and positive discrimination?
Are employers able to use both the general and the recruitment and promotion positive action provisions?
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