Positive action provisions in the Equality Act 2010 are enacted
From 6 April 2011, the Equality Act 2010 will allow employers, in defined circumstances, to recruit or promote a person with one protected characteristic in preference to another person who does not have the protected characteristic, provided that they are equally qualified for the post.
The Government has announced that s.159 of the Equality Act 2010 will come into force in April 2011. This section permits employers in their recruitment or promotion processes to treat individuals with a protected characteristic more favourably when faced with two or more candidates of equal merit, if the more favourable treatment is intended to address under-representation in the workforce or a disadvantage that is connected to the protected characteristic.
Formal guidance for employers will be published in early 2011.
- Equality Act 2010: Government to introduce positive action provisions in April 2011 XpertHR reports on the publication of the Government's equality strategy, in which the positive action announcement was made.
- Positive action and the Equality Act 2010: what will the provisions mean for employers? The coalition Government has taken the surprise decision to go ahead with controversial positive action provisions in the Equality Act 2010 that allow employers to favour under-represented groups in recruitment and promotion in some circumstances. What will they mean for employers?
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Employment law under the coalition Government Consultant editor Darren Newman asks what the coalition Government's programme for government tells us about the future of employment law in the UK.
