Positive action

Begin with evidence of the need

In Great Britain, an employer can take proportionate action where it reasonably thinks people sharing a protected characteristic experience disadvantage, have different needs or participate disproportionately little in an activity. The Acas positive-action guidance gives examples such as targeted outreach, development or support.

Record the evidence, the aim, the proposed action and why it is proportionate. Evidence can be credible workforce information or other material relevant to the organisation. Avoid collecting more personal data than the decision needs.

Section 13(3) of the Equality Act 2010 provides that treating a disabled person more favourably than someone who is not disabled is not direct discrimination because of disability. Other protected characteristics do not have that general exception.

Keep recruitment rules narrow

Recruitment and promotion have a limited tie-break provision. An employer may prefer a candidate from an underrepresented or disadvantaged group only when candidates are as qualified as each other, the action is proportionate and there is no automatic policy of preference. Assess every candidate on merit.

Broader steps, such as encouraging applications or offering targeted training, must still address the evidenced disadvantage or participation issue. The distinction matters because selecting a person for a job uses the narrower recruitment and promotion conditions.

Review the action in context

Set a review point and stop or change the measure when the evidence or effect changes. A permanent preference can outlast the conditions that made action lawful. Explain the purpose internally without disclosing individuals' characteristics.

Do not confuse positive action with an occupational requirement. The latter is a narrow exception where having a characteristic is genuinely required for a particular role.

Northern Ireland uses separate, ground-specific laws. ECNI explains that disability law permits specific favourable treatment of disabled people. Separately, its affirmative-action guidance describes the fair-employment route to secure participation by members of the Protestant and Roman Catholic communities and calls lawful measures addressing wider under-representation outreach positive action. Do not copy a GB Equality Act analysis into an NI decision.