- 24 January 2023
What’s the difference between positive action and positive discrimination?
With so many initiatives focusing on equality, diversity and inclusion, we often hear about examples of positive action or positive discrimination in the context of employers’ approaches to increasing representation.
In Personnel Today, Melanie Pimenta, Senior Solicitor at Clarkslegal, discusses ‘positive action’ and what it means for employers.
“Broadly speaking, positive action, which is voluntary, is where employers take proportionate action to achieve more effective equality outcomes for individuals sharing a particular protected characteristic who are disadvantaged or excluded,” Melanie says.
“Section 158 is the general ‘positive action’ provision, enabling employers to take measures that will encourage greater participation from under-represented groups. It can take many forms, including providing a specifically tailored service to a disadvantaged group or including statements in job adverts to encourage applications from under-represented groups.”
Read the full article: Personnel Today
If you have any questions in relation to discrimination, please contact our employment lawyers for advice.
“The Equality Act 2010 says that it is lawful for employers to take positive action, but the law does not allow positive discrimination, but the line between the two often causes confusion.”
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.
About this article
SubjectMelanie Pimenta comments on ‘positive action’ and what it means for employers
Published24 January 2023
Read, listen and watch our latest insights
- 22 September 2023
Talking Employment Law: New family friendly rights
In this first podcast in the ‘Talking Employment Law’ series, Lucy Densham Brown and Rebecca Dowle, members of the employment team summarise some of the big new family-friendly Bills that are working their way through parliament.
- 07 September 2023
Birmingham Council Equal Pay Claims – How did it go so wrong?
This week, Birmingham City Council formally declared itself in financial difficulty. It issued a Section 114 Notice which states that it has insufficient resources to meet its expenditures and is unable to agree on any solution which would provide suitable funding.
- 21 August 2023
Ethnicity Pay Reporting: Government response to the consultation
The Government consulted on a mandatory approach to ethnicity pay reporting in 2018. Which sought views on the benefits of gathering, monitoring and publishing ethnicity data; data handling, amongst other key areas.
- 09 August 2023
A Guide for Employers: Hidden Disabilities in the Workplace
As an employer, identifying and supporting those with hidden disabilities may present unique and complicated challenges, and so we have put together this guide for employers to aid in this complex area.
- 04 August 2023
Flexible Working Requests: New law
Flexible working is a common occurrence in workplaces in the UK now, with many employees job-sharing, working from home, working flexible hours and more.