Positive Action

Positive action lets employers support underrepresented groups by removing barriers to recruitment, training, or promotion. It is fully legal, but not a requirement, to enforce positive action within your business, unlike positive discrimination which is illegal. Positive action ultimately aims to create fairer access and a more diverse workforce. 

Call Croner today for expert advice on 0808 501 6651. 

Diversity in the workplace can often influence the success of your business. Studies across the UK have shown that businesses that practice positive action and promote inclusivity result in higher morale and job satisfaction in employees, whilst also opening your pool of applicants to a wider skill-base.

Recruiting to increase your company diversity is an admirable and an important goal to aim for but be wary that you don’t fall foul of the law. If you show too much preferential treatment towards an employee of an ethnic minority background, you could be at risk of positive discrimination. 

• What is positive action?
• What are some examples of positive action?
• Positive action or positive discrimination?
• Legal advice on employment law

What is positive action?

Positive action, or affirmative action, is the act of promoting equality and levelling the playing field for those who may be at a disadvantage due to race, gender, age, or other attributes. Within the workplace, positive action is encouraging those with Protected Characteristics to apply for roles. As an employer, you should aim to minimise the blockers these individuals could face during the recruitment process and meet the different needs of each protected group.

You should make reasonable adjustments for the individual where possible. For example, if the employee has a disability that requires them to use a wheelchair, you should ensure your workspace is wheelchair-accessible and you have made all other adjustments that they may need

You should also provide adequate training, and any other measures that encourage diverse recruitment and career progression. This way, you are showing positive action to transform your business into a more inclusive and diverse workplace.

Under the Equality Act 2010, positive action is legal in the UK, but it is not a requirement. The official definition of positive action states:

‘If you are an employer in Great Britain (England, Scotland and Wales), you can choose to use the positive action measures in the Equality Act 2010 to help people overcome certain barriers and improve representation in your workforce. In order to do this lawfully, you should understand what the legislation allows and familiarise yourself with the full guidance.

Positive action allows additional help to be provided for groups of people who share a ‘protected characteristic’ (for example, race, sex, or sexual orientation) in order to level the playing field. You can take proportionate action that aims to reduce disadvantage, meet different needs and increase participation.’ – UK Government Website

What are some examples of positive action?

Below are five examples of employers using positive action to support individuals:

1. Including a statement in a job advert that specifically targets an under-represented group.
2. Favouring the candidate from an underrepresented group over another who does not have a Protected Characteristic.    
3. Offering training, shadowing or mentoring to a group with particular needs to make the role more accessible.
4. Hosting open days targeting under-represented groups to encourage applications and show an inclusive work environment.
5. Offering development programs that are only open to under-represented groups to encourage diversity in higher-level roles.

Positive action or positive discrimination?

Under the Equality Act 2010, you are legally entitled to take positive action within your business to promote inclusivity and diversity. It is not a legal requirement, however. No matter how good your intentions may be to transform your workplace into a more diverse environment, it’s easy to show signs of positive discrimination, too.

If you are beginning to show preferential treatment because of an employee’s Protected Characteristic, this becomes discrimination.

Some examples of discriminatory behaviour include:

1. Including a statement in a job advert that states only individuals from an under-represented group can apply.
2. Favouring one candidate from an under-represented group, over another, despite the other candidate being more qualified for the role.
3. Offering training, shadowing, or mentoring to a specific group, whilst refusing additional training when requested by others.
4. Hosting open days only for under-represented groups with the guarantee of employment to attendees.
5. Offering development programs that result in promotions to one under-represented group without offering them to others.

Legal advice on employment law

So, what are the main things you need to consider when pursuing positive action in the workplace?

We’ve highlighted the main area: discrimination.

Be sure to review any action you to take and assess whether it puts another group at a disadvantage. If you’re unsure, Croner can provide you with expert legal advice to guide you. Legislation usually links positive action in employment law to recruitment, so it’s essential that you follow a fair interview process at all times.

Croner expert HR support

Determining what is and isn’t discrimination isn’t always clear. Croner can support you to ensure that your recruitment process doesn’t allow any positive discrimination and can guide you on creating a diverse workforce legally. Call our expert team now on 0808 501 6651.