Voluntary positive action in recruitment and promotion 



Employers have the right under section 158, EA 10 to engage in positive action to support people with a protected characteristic where the employer has reasonably identified a need for that action, for example, because of under-representation in the workforce. Positive action could include placing job adverts where they are most likely to be seen by members of the under-represented group, or offering extra training or mentoring to workers with the protected characteristic. Positive action must be proportionate to need. For guidance, see the EHRC Code of Practice. 



Section 159, EA 10 takes positive action a step further. It says that when faced with two “equally qualified” candidates, an employer can choose to prefer the candidate from the under-represented group over the other candidate, as long as there is evidence of under-representation of that group. The government equalities office has produced guidance, available on its website.