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Nor do they permit an employer to take action that would breach another piece of legislation. Positive action will typically involve measures to help women enter or progress into male dominated roles.
Separate provisions allowing positive action in relation to recruitment and promotion in limited circumstances are contained in s.159 of the Act.
A key difference between positive action and positive discrimination is that positive action is lawful (provided that the employer meets the conditions set out in ss.158 or 159 of the Equality Act 2010), whereas positive discrimination, generally, is not (see).
According to the Equality and Human Rights Commission Statutory code of practice on employment, the potential benefits for employers of taking positive action measures include: "a wider pool of talented, skilled and experienced people from which to recruit; a dynamic and challenging workforce able to
(It should be noted that an employer in a comparable real-life situation would need to be able to establish and document the under-representation that justifies its decision to take positive action.)
The Equality Act 2010 imposes no time limits on the use of the positive action provisions.
Jump to Positive action - Additional resources on positive action - general power and positive action - recruitment and promotion FAQs
The positive action in recruitment and promotion provisions apply only where the employer that intends to take positive action reasonably thinks that people who share a protected characteristic suffer a disadvantage connected to that characteristic, or that they are under-represented in the workforce
Jump to Positive action - Positive action for those with the protected characteristic of disability has been extended under the Equality Act 2010. Positive action is not positive discrimination, which is unlawful.
The general positive action provisions in s.158 of the Equality Act 2010 can be used separately from, or together with, the specific positive action provisions in s.159.
Jump to Positive action - Positive action is not positive discrimination, which is unlawful. General power The Equality Act 2010 allows the use of positive action measures in certain circumstances (s.158).
No, the Equality Act 2010 does not oblige employers to take positive action. Section 158 of the Equality Act 2010 allows an employer to take positive action towards people with a protected characteristic in certain circumstances.
According to government guidance on positive action in the workplace, positive action can be taken at any stage of the recruitment or promotion process.
be able to take positive action.
Although positive discrimination is, in general, unlawful, certain forms of positive action are permitted.
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.
It is likely that employers will be doing this anyway, regardless of the positive action provisions.
The positive action provisions in s.159 of the Equality Act 2010 provide very limited scope for employers to apply positive action to select a candidate with an under-represented protective characteristic, where candidates are equally qualified.
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.
Jump to Step 6: Create accountability - the difference between positive action and positive discrimination?