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Suppose you’re an employer who’s looking to improve equality in your workplace. In that case, it’s essential you know the difference between positive action and positive discrimination to avoid unwanted claims to the employment tribunal.
In this article, our solicitors outline the difference between positive action and positive discrimination and explain why one is legal and the other isn’t.
For more information, please don’t hesitate to contact our solicitors directly on 020 3007 5500
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What is positive action?
Positive action is a range of equality measures, which are legal under the Equality Act 2010. Essentially, positive action is where you choose to hire or promote candidates who possess a protected characteristic, as long as they’re as qualified for the role as other applicants.
Additionally, positive action can be a company training people who possess a protected characteristic. As a result of this training, someone with a protected characteristic can overcome disadvantages and compete with other applicants.
What are protected characteristics?
Any of these following characteristics are protected. Therefore, it’s unlawful under the Equality Act 2010 to favourite people with these protected characteristics without a justifiable reason.
- Age
- Disability
- Gender reassignment
- Marriage or civil partnership
- Pregnancy and maternity
- Race
- Sex
- Religion or belief
- Sexual orientation
What is the difference between positive action and positive discrimination?
Positive discrimination is unlawful, whereas positive action is lawful.
As highlighted above, positive action is where a role is given to someone with a protected characteristic, and they are as qualified for the position as other applicants.
In contrast, a company recruiting or promoting someone based on a protected characteristic, regardless of their ability to do the job, is unlawful. This circumstance will be considered positive discrimination, which is illegal under the Equality Act 2010. Additionally, it’s also positive discrimination for a company to set quotas to promote or recruit more people who have protected characteristics.
Positive action examples:
To better understand how positive action works, our solicitors have outlined some examples below:
Example one: A company is hiring or promoting an applicant with a protected characteristic who is as qualified as other applicants. For example, two people are shortlisted for a digital marketing company, which is predominantly made up of younger employees. One applicant is 25 years old, and the other is 55 years old, but both are equally qualified for the position. The digital marketing company, therefore, decides to employ the older applicant.
Example two: A company is providing mentoring to protected groups. For instance, at a newspaper writing company, providing mentoring sessions for people with dyslexia helps them write clear and informative articles. Therefore, these sessions can help their future progression within the company.
If you’re unsure whether your company is conducting positive action or positive discrimination, please contact our solicitors for more information on 020 3007 5500.
Why contact our discrimination solicitors?
If you’re trying to implement equality provisions into your company, it can become difficult to determine the difference between positive action and positive discrimination. Therefore, our discrimination solicitors will ensure you understand the difference and avoid any potential claims to the employment tribunal.
For more information, Please visit our discrimination page or contact our solicitors directly on 020 3007 5500.
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