Welcome to our latest Coffee Break in which we look at the latest legal and practical developments for UK employers.
New government guidance on positive action
The government has published guidance for employers on using the positive action measures in the Equality Act 2010, which was promised as part of "Inclusive Britain" along with the guidance on voluntary ethnicity pay reporting.
The guidance provides a helpful and timely reminder of what positive action is legally permitted as employers seek to address diversity and inclusion agendas.
Essentially, the statutory positive action provisions permit exceptions to the usual requirements of discrimination law that prevent those with a particular protected characteristic being treated differently, either better or worse, from those without the same characteristic. Without the positive action exceptions, taking action that deliberately and overtly advantages those with a particular protected characteristic over those without it would normally be unlawful under the Act.
Permitted 'general' positive action
General positive action involves proportionate actions permitted under the Equality Act 2010 which are designed to enable or encourage people who share a protected characteristic to overcome or minimise a disadvantage connected to that characteristic; meet that group's needs that are different from the needs of people who do not share that characteristic; and/or enable or encourage people who share a protected characteristic...
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