Section 159 — Equality Act 2010: Positive action: recruitment and promotion

Positive action: recruitment and promotion 159 1 This section applies if a person (P) reasonably thinks that—

a persons who share a protected characteristic suffer a disadvantage connected to the characteristic, or b participation in an activity by persons who share a protected characteristic is disproportionately low.

2 Part 5 (work) does not prohibit P from taking action within subsection (3) with the aim of enabling or encouraging persons who share the protected characteristic to—

a overcome or minimise that disadvantage, or b participate in that activity.

3 That action is treating a person (A) more favourably in connection with recruitment or promotion than another person (B) because A has the protected characteristic but B does not.

4 But subsection (2) applies only if—

a A is as qualified as B to be recruited or promoted, b P does not have a policy of treating persons who share the protected characteristic more favourably in connection with recruitment or promotion than persons who do not share it, and c taking the action in question is a proportionate means of achieving the aim referred to in subsection (2). 5 “ Recruitment ” means a process for deciding whether to—

a offer employment to a person, b make contract work available to a contract worker, c offer a person a position as a partner in a firm or proposed firm, d offer a person a position as a member of an LLP or proposed LLP, e offer a person a pupillage or tenancy in barristers' chambers, f take a person as an advocate's devil or offer a person membership of an advocate's stable, g offer a person an appointment to a personal office, h offer a person an appointment to a public office, recommend a person for such an appointment or approve a person's appointment to a public office, or i offer a person a service for finding employment.

6 This section does not enable P to do anything that is prohibited by or under an enactment other than this Act.