Positive action under section 158, EA 10

Section 158, EA 10 allows employers to engage in positive action to support people with a protected characteristic where the employer reasonably thinks they suffer a disadvantage connected to the characteristic; have different needs from those without it and/or; have low levels of participation at work. Proportionate positive action is permitted to enable those affected to overcome or minimise the disadvantage; to meet their needs; and/or to enable or encourage participation. Examples include targeted job adverts, extra training, mentoring or networking opportunities, building work support networks; offering bursaries; and conducting outreach work such as visiting schools.

The EHRC suggests that employers make any positive action time-limited and keep it under review. See the EHRC website for more information.