Understanding positive action vs positive discrimination
There are many ways your organisation can take positive action to improve the chances of disabled applicants. It is important to remember that positive action is legal, provided there is a justifiable need for it. However, it is not the same as positive discrimination, which is illegal.
When and how positive action can be used
Positive action in recruitment and promotion can be applied when an employer reasonably believes that individuals with a protected characteristic:
- Are under-represented in the workforce, or
- Experience disadvantages related to that characteristic.
Employers can take specific measures to address these imbalances, ensuring fair opportunities for all candidates.
The ‘tie-breaker’ or ‘tipping point’ in recruitment
In practice, positive action allows an employer, when choosing between two or more candidates of equal merit, to take into account whether one belongs to an under-represented or disadvantaged group. This is often referred to as the ‘tie-breaker’ or ‘tipping point’. However, such action must be applied carefully and only where it is justified.
Ensuring proportionality in positive action measures
Positive action should always be:
- Proportionate – It must be a balanced response to the identified disadvantage or under-representation.
- Fair and objective – Employers should have clear evidence to support their decision-making.
- Legally compliant – Actions should not go beyond what is necessary, avoiding any risk of positive discrimination.
By implementing lawful and well-structured positive action, employers can create a more inclusive and diverse workforce while remaining compliant with legal frameworks.
Links: Government Guide
Government guide to positive action in recruitment and selection