Equality Advice Centre 

 Positive Action  

What is positive action?

The term 'positive action' refers to a number of methods designed to counteract the effects of past discrimination and to help abolish stereotyping.

Action can be taken to encourage people from particular groups to take advantage of opportunities for work and training. This can be done when under­representation of particular groups has been identified in the previous year.

Under this broad meaning positive action may include initiatives such as the introduction of non-discriminatory selection procedures, training programmes or policies aimed at preventing sexual harassment.

Legislation

Section 47 of the Sex Discrimination Act 1975 (the SDA) does however allow for the use of 'positive action' in a number of specific circumstances. Sections 37 and 38 of the Race Relations Action 1976 allow an employer to give special encouragement and provide specific training for a particular racial group. Link to sex, race and disability legislation

Positive Action is often confused with positive discrimination. Positive discrimination, which generally means employing someone because they come from a deprived group in spite of whether they have the relevant skills and qualifications, is unlawful.

Positive measures

Although they are not legally required, positive measures are allowed by the law to encourage employees and potential employees who are members of particular groups which are under-represented in particular work. Discrimination at the point of selection for work, however, is not permitted in these circumstances.

Such measures are important of the development of equality and diversity practices. It is therefore recommended that, where there is under representation of particular work, the following process should be taken wherever appropriate and reasonably realistic:

• Job advertisements designed to reach members of these groups and to encourage their applications: for example, through the use of the ethnic minority press, as well as other newspapers.
• Use of the employment agencies and careers offices in areas where under-represented groups are concentrated.
• Recruitment and training schemes for school leavers designed to reach members of these younger aged groups.
• Encouragement to employees from under-represented groups to apply for promotion or transfer opportunities.
• Training for promotion or skill training for employees of under-represented groups who lack particular expertise but show potential: supervisory training this may include language training.

Positive action is not about giving more favourable treatment to particular groups in the recruitment process. Positive action in training is lawful, provided certain criteria is met. Selection for recruitment or promotion must be based solely on merit!

Does our company need positive action?

Before deciding to introduce positive action to encourage under represented groups to apply for jobs employers must look at their own employees to establish how many under represented groups have been doing the kind of work in question during the last 12 months.

If the number of under represented groups is comparatively small then consideration can be given to encouraging under represented groups to apply for the relevant vacancies.

Examples

A local authority used 'statements of encouragement' in adverts to women to encourage applications in areas where traditionally women or men are under represented.

The Metropolitan Police have a positive action team who are undertaking a series of job fairs to encourage ethnic minority and female candidates to join their service.

Useful contacts

See www.eoc.org.uk for further information on gender positive action

See www.cre.gov.uk on race positive action

See age position action contact www.agepositive.gov.uk