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Chapter 7
Positive action
[ch 7: pages 263-264]In general, positive action to address inequalities is unlawful in the UK. There are two important statutory exceptions, under sections 158 and 159, EA 10 (see below).
The only other exceptions to the general ban are:
• under the public sector equality duty to have “due regard” to the need to advance equality of opportunity (see page 285); and
• when considering the duty to make reasonable adjustments for disabled people (see page 253).