Positive action

Positive action comprises the permitted steps which can be taken by an employer to assist groups with certain protected characteristics who are disadvantaged or under-represented within a workplace.

The relevant protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

There is often confusion between the concepts of positive action and positive discrimination. It is not lawful to positively discriminate in favour of a protected group, for example by interviewing all female candidates for a job role regardless of whether they meet the qualifying criteria.

The Equality Act 2020 provides for two types of positive action: (1) General positive action; and (2) Positive action in recruitment and promotion.  

There is no obligation on an employer to take positive action.