Positive Action
Measures permitted (but not required) by section 158 of the Equality Act 2010 to help people with a protected characteristic overcome disadvantage, meet different needs, or address under-representation — distinct from unlawful positive discrimination.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
The Equality Act 2010 does not require employers or service providers to give preferential treatment to people with protected characteristics, but it does carve out express permission for proportionate steps to level the playing field. Section 158 applies 'if a person (P) reasonably thinks that' people sharing a protected characteristic 'suffer a disadvantage connected to the characteristic', 'have needs that are different from the needs of persons who do not share it', or are disproportionately under-represented in a particular activity.
Where one of those conditions is met, the Act 'does not prohibit P from taking any action which is a proportionate means of achieving the aim of' enabling or encouraging people with the characteristic to overcome the disadvantage, meeting those needs, or encouraging their participation in the activity. Crucially, positive action is permissive, not mandatory, and must be a proportionate means of achieving a legitimate aim — it does not license giving someone a job or a place purely because of a protected characteristic (which would instead be unlawful direct discrimination), except in narrowly defined 'tie-break' situations between equally qualified candidates.
Related terms
Official sources
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