Positive action

Latest items in Positive action

  • Gender

    Type:
    Good practice manual

    Updated to reflect the latest gender pay gap figures, as reported in the Annual survey of hours and earnings 2016.

  • Sex discrimination

    Type:
    Employment law manual

    Updated to include information on Jeffery v The British Council, in which the EAT identified the main factors that connected an expatriate employee working in Bangladesh to Great Britain and British employment law.

  • Date:
    20 January 2011
    Type:
    Legal timetable

    Section 159 of the Equality Act 2010 prescribes that employers are, in certain circumstances, not prohibited from treating individuals with a protected characteristic more favourably than others in connection with recruitment or promotion, if the more favourable treatment is intended to enable or encourage those individuals to overcome or minimise a disadvantage or participate in an activity where they are under-represented in that activity.

  • ECJ endorses positive discrimination

    Date:
    1 May 2002
    Type:
    Law reports

    In Lommers v Minister van Landbouw, Natuurbeheer en Visserij (19 March 2002), the European Court of Justice upholds a policy in a Dutch civil service department which offers subsidised childcare places only to female employees. The ECJ says that the scheme does not contravene EU law so long as it is also available on the same conditions to men who are single parents.

  • Sex discrimination: EC law precludes positive action measures granting automatic preference

    Date:
    1 December 2000
    Type:
    Law reports

    In Abrahamsson and Anderson v Fogelqvist the European Court of Justice rules that provisions of Swedish legislation intended to address the underrepresentation of women in university appointments were precluded by EC equal treatment legislation.

  • Sex discrimination: Positive action measures in favour of women were compatible with Community law

    Date:
    1 June 2000
    Type:
    Law reports

    On an application by Georg Badeck and others, the European Court of Justice rules that provisions of German legislation - the aim of which was equal access of women and men to posts in the public service by the adoption of advancement plans for women with binding targets - were not precluded by the EC Equal Treatment Directive.

  • Positive discrimination prohibited

    Date:
    1 January 1996
    Type:
    Law reports

    In Kalanke v Freie Hansestadt Bremen (17 October 1995) EOR65A, the European Court of Justice rules that a German law giving equally qualified women preference against men in selection for public sector jobs in which women were underrepresented did not fall within the exception to the principle of nondiscrimination permitted by Article 2(4) of the Equal Treatment Directive.

About this topic

HR and legal information and guidance relating to sex discrimination (positive action).