Positive Action vs Positive Discrimination

Improving diversity, equity and inclusion remains a strategic priority for many employers. As DEI ambitions grow, positive action can be a powerful tool to improve diversity in the workplace. However, navigating the legal framework can often prove to be a challenge for employers, as the line between what amounts to lawful positive action, and unlawful positive discrimination, is not always clear. 

Positive action allows an employer to take certain actions to enable or encourage those with a particular protected characteristic to overcome or minimise a disadvantage, to meet their particular needs, or to enable or encourage them to participate in an activity where they are disproportionately underrepresented. It exists in two forms under the Equality Act 2010: